Approval of Arizona Air Plan; Hayden Lead Nonattainment Area Plan for the 2008 Lead Standard, 56734-56736 [2018-24740]
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Federal Register / Vol. 83, No. 220 / Wednesday, November 14, 2018 / Rules and Regulations
TABLE 17.1—SUMMARY OF GC/MS ANALYSIS QUALITY CONTROL PROCEDURES—Continued
Parameter
Frequency
Acceptance criteria
Corrective action
Field Blanks ...................................
Two per sampling period ..............
No greater than one-third of the
measured target analyte or
compliance limit.
Flag Data for possible invalidation
due to high blank bias.
a Every
*
24 hours.
*
*
*
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[FR Doc. 2018–24747 Filed 11–13–18; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2018–0222; FRL–9986–31–
Region 9]
Approval of Arizona Air Plan; Hayden
Lead Nonattainment Area Plan for the
2008 Lead Standard
Table of Contents
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving a state
implementation plan (SIP) revision
submitted by the State of Arizona to
meet Clean Air Act (CAA or ‘‘Act’’)
requirements applicable to the Hayden
lead nonattainment area (‘‘Hayden Lead
NAA’’). The EPA is approving the base
year emissions inventory, the
attainment demonstration, the control
strategy, including reasonably available
control technology and reasonably
available control measures
demonstrations, the reasonable further
progress demonstration, and the
contingency measure as meeting the
requirements of the CAA and the EPA’s
implementing regulations for the 2008
lead national ambient air quality
standard (NAAQS). We also find that
the State has demonstrated that the
Arizona SIP meets the new source
review (NSR) requirements of CAA
section 172(c)(5) for the Hayden Lead
NAA.
DATES: This final rule is effective on
December 14, 2018.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R09–OAR–2018–0222. 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
SUMMARY:
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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:
Ginger Vagenas, EPA Region IX, 415–
972–3964, Vagenas.Ginger@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, the terms
‘‘we,’’ ‘‘us,’’ and ‘‘our’’ mean the EPA.
I. Background
II. Proposed Action and Public Comment
III. Final Action
IV. Statutory and Executive Order Reviews
I. Background
Lead is generally emitted in the form
of particles that are deposited in water,
soil, and dust. People may be exposed
to lead by inhaling it or by ingesting
lead-contaminated food, water, soil, or
dust. Once in the body, lead is quickly
absorbed into the bloodstream and can
result in a broad range of adverse health
effects including damage to the central
nervous system, cardiovascular
function, kidneys, immune system, and
red blood cells. Children are
particularly vulnerable to lead exposure,
in part because they are more likely to
ingest lead and in part because their
still-developing bodies are more
sensitive to the effects of lead. The
harmful effects to children’s developing
nervous systems (including their brains)
arising from lead exposure may include
IQ 1 loss, poor academic achievement,
long-term learning disabilities, and an
increased risk of delinquent behavior.
The EPA first established a lead
standard in 1978 at 1.5 micrograms per
meter cubed (mg/m3) as a quarterly
average.2 Based on new health and
scientific data, the EPA revised the
federal lead standard to 0.15 mg/m3 and
1 IQ (intelligence quotient) is a score created by
dividing a person’s mental age score, obtained by
administering an intelligence test, by the person’s
chronological age, both expressed in terms of years
and months. ‘‘Glossary of Important Assessment
and Measurement Terms,’’ Philadelphia, PA:
National Council on Measurement in Education.
2016.
2 43 FR 46246 (October 5, 1978).
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revised the averaging time for the
standard on October 15, 2008.3 A
violation of the standard occurs when
ambient lead concentrations exceed 0.15
mg/m3 averaged over a 3-month rolling
period.
Following the promulgation of a new
or revised NAAQS, the EPA is required
by the CAA to designate areas
throughout the United States as
attaining or not attaining the NAAQS.
This process is set forth in section
107(d)(1) of the Act. After initially being
designated unclassifiable due to
insufficient monitoring data, the
Hayden area was redesignated
nonattainment on September 3, 2014,
effective October 3, 2014.4 5 The
designation of the Hayden area as
nonattainment for the 2008 lead
NAAQS triggered requirements under
section 191(a) of the CAA requiring
Arizona to submit a SIP revision with a
plan to attain the standard as
expeditiously as practicable, but no later
than October 3, 2019.
The Arizona Department of
Environmental Quality (ADEQ) is the air
quality agency that develops SIP
revisions for the Hayden area. The SIP
revision for the Hayden Lead NAA,
entitled ‘‘SIP Revision: Hayden Lead
Nonattainment Area’’ (‘‘2017 Hayden
Lead Plan’’ or ‘‘Plan’’) was adopted by
ADEQ on March 3, 2017, and submitted
to the EPA on the same day.6 The Plan
includes a 2012 base year emissions
inventory, a demonstration that controls
required under the Plan are sufficient to
bring the area into attainment of the
2008 lead NAAQS, an analysis that
demonstrates reasonably available
control measures/reasonably available
control technology (RACM/RACT)
levels of control are required to be
implemented, a demonstration that the
Plan provides for reasonable further
progress (RFP) towards attainment, and
a contingency measure that will be
implemented if the area fails to make
3 73 FR 66964 (November 12, 2008) (‘‘lead
NAAQS rule’’).
4 79 FR 52205.
5 For an exact description of the Hayden Lead
NAA, see 40 CFR 81.303.
6 Letter dated March 3, 2017, from Timothy S.
Franquist, Director, Air Quality Division, ADEQ, to
Alexis Strauss, Acting Regional Administrator, EPA
Region IX.
E:\FR\FM\14NOR1.SGM
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Federal Register / Vol. 83, No. 220 / Wednesday, November 14, 2018 / Rules and Regulations
RFP or to attain the NAAQS by the
applicable deadlines. The Plan also
describes ADEQ’s NSR program and its
intention to submit revisions to its NSR
rules to address deficiencies identified
by the EPA.7
II. Proposed Action and Public
Comment
On July 3, 2018, the EPA published a
notice of proposed rulemaking in which
we proposed to approve the Plan as a
revision to the Arizona SIP.8 9 The
rationale for our proposed action is
included in the proposal, and will not
be restated here.
The EPA’s proposed action provided
a 30-day public comment period. During
this period, we received six anonymous
comments. After reviewing the
comments, we determined that two
were ‘‘test comments’’ that did not
include any text and therefore do not
necessitate a response. Three comments
were outside the scope of our proposed
action and failed to identify any
material issue necessitating a response.
The sixth comment included the
observation that the EPA had used the
term ‘‘off-road’’ when describing a
portion of mobile source inventory, but
the term ‘‘non-road’’ was used in the
table summarizing ADEQ’s base year
emissions inventory. The commenter
asked if, to make it consistent, would
‘‘off-road’’ be used throughout the
proposal?
In the proposal, we explained that
emissions can be grouped into two
general categories: Stationary and
mobile. We further noted that stationary
source category can be subdivided into
point and area sources and that the
mobile source category can be
subdivided into on-road and off-road
categories.10 In tables 1 and 3, which
immediately follow that discussion, we
7 ADEQ subsequently submitted the changes and,
on May 4, 2018, the EPA approved the revision into
the SIP (83 FR 19631). The SIP revision ensures that
ADEQ’s rules provide for appropriate NSR for lead
sources undergoing construction or major
modification in the Hayden Lead NAA.
8 83 FR 31087.
9 ADEQ has determined that the cause of the
nonattainment status in the Hayden area is the
primary copper smelter owned and operated by
ASARCO, which accounts for over 99 percent of
lead emissions, and that the emissions generally
come from the hot-metal smelting process and leadbearing fugitive dust. Plan, 38. ADEQ’s control
strategy for the Hayden Lead NAA relies on the
implementation of two source-specific regulations
in the Arizona Administrative Code: Rule R18–2–
B1301 (limits on Lead Emissions from the Hayden
Smelter) and Rule R–18–2–B1301.01 (Limits on
Lead-Bearing Fugitive Dust from the Hayden
Smelter), and two associated appendices. We
approved Rule R–18–B1301.01 and Appendix 15
into the Arizona SIP on February 22, 2018 (83 FR
7614) and, in a notice signed on October 30, 2018,
we approved Rule R18–2–B1301 and Appendix 14.
10 83 FR 31087, 31090.
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listed emissions for point, area, mobile
source (non-road) and mobile source
(on-road) categories.11 In our proposed
action, we used the terms
interchangeably and believe their
equivalent meaning is apparent from the
context.
The comments have been added to the
docket for this action and are accessible
at https://www.regulations.gov/
docket?D=EPA-R09-OAR-2018-0222.
III. Final Action
For the reasons discussed in the
proposal, the EPA is approving under
CAA section 110(k)(3) the 2017 Hayden
Lead Plan as a revision to the Arizona
SIP. Specifically, we are approving:
(1) The SIP’s base year emissions
inventory as meeting the requirements
of CAA section 172(c)(3) and 40 CFR
51.117(e)(1);
(2) the attainment demonstration,
including air quality modeling, as
meeting the requirements of CAA
section 172(c)(1);
(3) the RACM/RACT demonstration as
meeting the requirements of CAA
section 172(c)(1);
(4) the RFP demonstration as meeting
the requirements of CAA section
172(c)(2); and
(5) the contingency measure as
meeting the requirements of the CAA
section 172(c)(9);
We also find that the State has
demonstrated that the Arizona SIP
meets the NSR requirements of CAA
section 172(c)(5) for the Hayden Lead
NAA.
IV. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
Act and applicable federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, the
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely approves State law as meeting
federal requirements and does not
impose additional requirements beyond
those imposed by State law. For that
reason, this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• is not an Executive Order 13771 (82
FR 9339, February 2, 2017) regulatory
action because SIP approvals are
exempted under Executive Order 12866;
11 Id. Note that the terms off-road and non-road
do not appear elsewhere in the notice.
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56735
• does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Public Law 104–4);
• does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• does not provide the EPA with the
discretionary authority to address
disproportionate human health or
environmental effects with practical,
appropriate, and legally permissible
methods under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, the SIP is not approved
to apply on any Indian reservation land
or in any other area where the EPA or
an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the rule does not have
tribal implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000). We
offered to consult with San Carlos
Apache Tribe, which has lands adjacent
to the Hayden lead nonattainment area.
The tribe did not respond to the EPA’s
offer to consult.
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. The EPA will
submit a report containing this action
and other required information to the
U.S. Senate, the U.S. House of
Representatives, and the Comptroller
General of the United States prior to
E:\FR\FM\14NOR1.SGM
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Federal Register / Vol. 83, No. 220 / Wednesday, November 14, 2018 / Rules and Regulations
publication of the rule in the Federal
Register. A major rule cannot take effect
until 60 days after it is published in the
Federal Register. This action is not a
‘‘major rule’’ as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by January 14, 2019.
Filing a petition for reconsideration by
the Administrator of this final rule does
not affect the finality of this action for
the purposes of judicial review nor does
it extend the time within which a
petition for judicial review may be filed,
and shall not postpone the effectiveness
of such rule or action. This action may
not be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
Authority: 42 U.S.C. 7401 et seq.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Lead, and Reporting and recordkeeping
requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: October 31, 2018.
Deborah Jordan,
Acting Regional Administrator, Region IX.
Part 52, chapter I, title 40 of the Code
of Federal Regulations is amended as
follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
Subpart D—Arizona
2. Section 52.120 in paragraph (e),
Table 1 is amended by adding, under
the table heading ‘‘Part D Elements and
Plans (Other than for the Metropolitan
Phoenix and Tucson Areas),’’ an entry
for ‘‘SIP Revision: Hayden Lead
Nonattainment Area, excluding
Appendix C.’’ after the entry for
‘‘Maintenance Plan Renewal, 1971
Sulfur Dioxide National Ambient Air
Quality Standards, Douglas
Maintenance Area.’’ The addition reads
as follows:
■
§ 52.120
1. The authority citation for Part 52
continues to read as follows:
■
*
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
*
SIP Revision: Hayden Lead Nonattainment Area, excluding Appendix C.
*
*
*
Hayden, AZ Lead Nonattainment
Area.
*
*
*
March 3, 2017 ........
*
*
*
[INSERT Federal Register CITATION], November 14, 2018.
*
*
Adopted by the Arizona Department of Environmental Quality
on March 3, 2017.
*
*
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.
*
*
*
*
*
ENVIRONMENTAL PROTECTION
AGENCY
revisions concern emissions of lead and
sulfur dioxide (SO2) from the copper
smelter at Hayden, AZ and SO2 from the
copper smelter at Miami, AZ. We are
approving local rules that regulate these
emission sources under the Clean Air
Act (CAA or the Act).
40 CFR Part 52
DATES:
[EPA–R09–OAR–2017–0661; FRL–9986–32–
Region 9]
ADDRESSES:
[FR Doc. 2018–24740 Filed 11–13–18; 8:45 am]
BILLING CODE 6560–50–P
This rule will be effective on
December 14, 2018.
The Environmental Protection
Agency (EPA) is taking final action to
approve revisions to the Arizona State
Implementation Plan (SIP). These
The EPA has established a
docket for this action under Docket ID
No. EPA–R09–OAR–2017–0661. 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.
1 In addition to the rules addressed in this action,
ADEQ’s April 6, 2017 submittal also included R18–
2–B1301.01—Limits on Lead-Bearing Fugitive Dust
from the Hayden Smelter; R18–2–B1302—Limits on
SO2 Emissions from the Hayden Smelter; R18–2–
715—Standards of Performance for Existing Primary
Copper Smelters: Site-Specific Requirements; and
R18–2–715.01—Standards of Performance for
Existing Primary Copper Smelters; Compliance and
Monitoring. The EPA has already approved R18–2–
Air Plan Approval; Arizona; Hayden
and Miami Areas; Lead and Sulfur
Dioxide Control Measures—Copper
Smelters
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
SUMMARY:
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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:
Kevin Gong, EPA Region IX, (415) 972–
3073, gong.kevin@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us’’
and ‘‘our’’ refer to the EPA.
Table of Contents
I. Proposed Action
II. Public Comments and EPA Responses
III. EPA Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Proposed Action
On March 30, 2018 (83 FR 13716), the
EPA proposed to approve the following
rules into the Arizona SIP.1
B1301.01 into the SIP, 83 FR 7614 (February 22,
2018) and intends to take action on the remaining
rules in a separate rulemaking.
E:\FR\FM\14NOR1.SGM
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]]>Agencies
[Federal Register Volume 83, Number 220 (Wednesday, November 14, 2018)]
[Rules and Regulations]
[Pages 56734-56736]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-24740]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2018-0222; FRL-9986-31-Region 9]
Approval of Arizona Air Plan; Hayden Lead Nonattainment Area Plan
for the 2008 Lead Standard
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving a state
implementation plan (SIP) revision submitted by the State of Arizona to
meet Clean Air Act (CAA or ``Act'') requirements applicable to the
Hayden lead nonattainment area (``Hayden Lead NAA''). The EPA is
approving the base year emissions inventory, the attainment
demonstration, the control strategy, including reasonably available
control technology and reasonably available control measures
demonstrations, the reasonable further progress demonstration, and the
contingency measure as meeting the requirements of the CAA and the
EPA's implementing regulations for the 2008 lead national ambient air
quality standard (NAAQS). We also find that the State has demonstrated
that the Arizona SIP meets the new source review (NSR) requirements of
CAA section 172(c)(5) for the Hayden Lead NAA.
DATES: This final rule is effective on December 14, 2018.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R09-OAR-2018-0222. 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: Ginger Vagenas, EPA Region IX, 415-
972-3964, [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document, the terms ``we,''
``us,'' and ``our'' mean the EPA.
Table of Contents
I. Background
II. Proposed Action and Public Comment
III. Final Action
IV. Statutory and Executive Order Reviews
I. Background
Lead is generally emitted in the form of particles that are
deposited in water, soil, and dust. People may be exposed to lead by
inhaling it or by ingesting lead-contaminated food, water, soil, or
dust. Once in the body, lead is quickly absorbed into the bloodstream
and can result in a broad range of adverse health effects including
damage to the central nervous system, cardiovascular function, kidneys,
immune system, and red blood cells. Children are particularly
vulnerable to lead exposure, in part because they are more likely to
ingest lead and in part because their still-developing bodies are more
sensitive to the effects of lead. The harmful effects to children's
developing nervous systems (including their brains) arising from lead
exposure may include IQ \1\ loss, poor academic achievement, long-term
learning disabilities, and an increased risk of delinquent behavior.
---------------------------------------------------------------------------
\1\ IQ (intelligence quotient) is a score created by dividing a
person's mental age score, obtained by administering an intelligence
test, by the person's chronological age, both expressed in terms of
years and months. ``Glossary of Important Assessment and Measurement
Terms,'' Philadelphia, PA: National Council on Measurement in
Education. 2016.
---------------------------------------------------------------------------
The EPA first established a lead standard in 1978 at 1.5 micrograms
per meter cubed ([micro]g/m\3\) as a quarterly average.\2\ Based on new
health and scientific data, the EPA revised the federal lead standard
to 0.15 [micro]g/m\3\ and revised the averaging time for the standard
on October 15, 2008.\3\ A violation of the standard occurs when ambient
lead concentrations exceed 0.15 [micro]g/m\3\ averaged over a 3-month
rolling period.
---------------------------------------------------------------------------
\2\ 43 FR 46246 (October 5, 1978).
\3\ 73 FR 66964 (November 12, 2008) (``lead NAAQS rule'').
---------------------------------------------------------------------------
Following the promulgation of a new or revised NAAQS, the EPA is
required by the CAA to designate areas throughout the United States as
attaining or not attaining the NAAQS. This process is set forth in
section 107(d)(1) of the Act. After initially being designated
unclassifiable due to insufficient monitoring data, the Hayden area was
redesignated nonattainment on September 3, 2014, effective October 3,
2014.4 5 The designation of the Hayden area as nonattainment
for the 2008 lead NAAQS triggered requirements under section 191(a) of
the CAA requiring Arizona to submit a SIP revision with a plan to
attain the standard as expeditiously as practicable, but no later than
October 3, 2019.
---------------------------------------------------------------------------
\4\ 79 FR 52205.
\5\ For an exact description of the Hayden Lead NAA, see 40 CFR
81.303.
---------------------------------------------------------------------------
The Arizona Department of Environmental Quality (ADEQ) is the air
quality agency that develops SIP revisions for the Hayden area. The SIP
revision for the Hayden Lead NAA, entitled ``SIP Revision: Hayden Lead
Nonattainment Area'' (``2017 Hayden Lead Plan'' or ``Plan'') was
adopted by ADEQ on March 3, 2017, and submitted to the EPA on the same
day.\6\ The Plan includes a 2012 base year emissions inventory, a
demonstration that controls required under the Plan are sufficient to
bring the area into attainment of the 2008 lead NAAQS, an analysis that
demonstrates reasonably available control measures/reasonably available
control technology (RACM/RACT) levels of control are required to be
implemented, a demonstration that the Plan provides for reasonable
further progress (RFP) towards attainment, and a contingency measure
that will be implemented if the area fails to make
[[Page 56735]]
RFP or to attain the NAAQS by the applicable deadlines. The Plan also
describes ADEQ's NSR program and its intention to submit revisions to
its NSR rules to address deficiencies identified by the EPA.\7\
---------------------------------------------------------------------------
\6\ Letter dated March 3, 2017, from Timothy S. Franquist,
Director, Air Quality Division, ADEQ, to Alexis Strauss, Acting
Regional Administrator, EPA Region IX.
\7\ ADEQ subsequently submitted the changes and, on May 4, 2018,
the EPA approved the revision into the SIP (83 FR 19631). The SIP
revision ensures that ADEQ's rules provide for appropriate NSR for
lead sources undergoing construction or major modification in the
Hayden Lead NAA.
---------------------------------------------------------------------------
II. Proposed Action and Public Comment
On July 3, 2018, the EPA published a notice of proposed rulemaking
in which we proposed to approve the Plan as a revision to the Arizona
SIP.8 9 The rationale for our proposed action is included in
the proposal, and will not be restated here.
---------------------------------------------------------------------------
\8\ 83 FR 31087.
\9\ ADEQ has determined that the cause of the nonattainment
status in the Hayden area is the primary copper smelter owned and
operated by ASARCO, which accounts for over 99 percent of lead
emissions, and that the emissions generally come from the hot-metal
smelting process and lead-bearing fugitive dust. Plan, 38. ADEQ's
control strategy for the Hayden Lead NAA relies on the
implementation of two source-specific regulations in the Arizona
Administrative Code: Rule R18-2-B1301 (limits on Lead Emissions from
the Hayden Smelter) and Rule R-18-2-B1301.01 (Limits on Lead-Bearing
Fugitive Dust from the Hayden Smelter), and two associated
appendices. We approved Rule R-18-B1301.01 and Appendix 15 into the
Arizona SIP on February 22, 2018 (83 FR 7614) and, in a notice
signed on October 30, 2018, we approved Rule R18-2-B1301 and
Appendix 14.
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The EPA's proposed action provided a 30-day public comment period.
During this period, we received six anonymous comments. After reviewing
the comments, we determined that two were ``test comments'' that did
not include any text and therefore do not necessitate a response. Three
comments were outside the scope of our proposed action and failed to
identify any material issue necessitating a response.
The sixth comment included the observation that the EPA had used
the term ``off-road'' when describing a portion of mobile source
inventory, but the term ``non-road'' was used in the table summarizing
ADEQ's base year emissions inventory. The commenter asked if, to make
it consistent, would ``off-road'' be used throughout the proposal?
In the proposal, we explained that emissions can be grouped into
two general categories: Stationary and mobile. We further noted that
stationary source category can be subdivided into point and area
sources and that the mobile source category can be subdivided into on-
road and off-road categories.\10\ In tables 1 and 3, which immediately
follow that discussion, we listed emissions for point, area, mobile
source (non-road) and mobile source (on-road) categories.\11\ In our
proposed action, we used the terms interchangeably and believe their
equivalent meaning is apparent from the context.
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\10\ 83 FR 31087, 31090.
\11\ Id. Note that the terms off-road and non-road do not appear
elsewhere in the notice.
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The comments have been added to the docket for this action and are
accessible at https://www.regulations.gov/docket?D=EPA-R09-OAR-2018-0222.
III. Final Action
For the reasons discussed in the proposal, the EPA is approving
under CAA section 110(k)(3) the 2017 Hayden Lead Plan as a revision to
the Arizona SIP. Specifically, we are approving:
(1) The SIP's base year emissions inventory as meeting the
requirements of CAA section 172(c)(3) and 40 CFR 51.117(e)(1);
(2) the attainment demonstration, including air quality modeling,
as meeting the requirements of CAA section 172(c)(1);
(3) the RACM/RACT demonstration as meeting the requirements of CAA
section 172(c)(1);
(4) the RFP demonstration as meeting the requirements of CAA
section 172(c)(2); and
(5) the contingency measure as meeting the requirements of the CAA
section 172(c)(9);
We also find that the State has demonstrated that the Arizona SIP
meets the NSR requirements of CAA section 172(c)(5) for the Hayden Lead
NAA.
IV. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, the EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves State law as meeting federal requirements and
does not impose additional requirements beyond those imposed by State
law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Public Law 104-4);
does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
does not provide the EPA with the discretionary authority
to address disproportionate human health or environmental effects with
practical, appropriate, and legally permissible methods under Executive
Order 12898 (59 FR 7629, February 16, 1994).
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where the EPA or an Indian tribe
has demonstrated that a tribe has jurisdiction. In those areas of
Indian country, the rule does not have tribal implications and will not
impose substantial direct costs on tribal governments or preempt tribal
law as specified by Executive Order 13175 (65 FR 67249, November 9,
2000). We offered to consult with San Carlos Apache Tribe, which has
lands adjacent to the Hayden lead nonattainment area. The tribe did not
respond to the EPA's offer to consult.
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. The EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to
[[Page 56736]]
publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by January 14, 2019. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Lead, and Reporting and
recordkeeping requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: October 31, 2018.
Deborah Jordan,
Acting Regional Administrator, Region IX.
Part 52, chapter I, title 40 of the Code of Federal Regulations is
amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for Part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart D--Arizona
0
2. Section 52.120 in paragraph (e), Table 1 is amended by adding, under
the table heading ``Part D Elements and Plans (Other than for the
Metropolitan Phoenix and Tucson Areas),'' an entry for ``SIP Revision:
Hayden Lead Nonattainment Area, excluding Appendix C.'' after the entry
for ``Maintenance Plan Renewal, 1971 Sulfur Dioxide National Ambient
Air Quality Standards, Douglas Maintenance Area.'' The addition reads
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
----------------------------------------------------------------------------------------------------------------
* * * * * * *
SIP Revision: Hayden Lead Hayden, AZ Lead March 3, 2017..... [INSERT Federal Adopted by the
Nonattainment Area, excluding Nonattainment Register Arizona
Appendix C. Area. CITATION], Department of
November 14, 2018. Environmental
Quality on March
3, 2017.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
\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.
* * * * *
[FR Doc. 2018-24740 Filed 11-13-18; 8:45 am]
BILLING CODE 6560-50-P
