Approval of Arizona State Implementation Plan Revisions; Maricopa County Air Quality Department; Stationary Source Permits; New Source Review, 10903-10909 [2021-02908]
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Federal Register / Vol. 86, No. 34 / Tuesday, February 23, 2021 / Proposed Rules
Small Business Regulatory Enforcement
Fairness Act
Under the Small Business Regulatory
Enforcement Fairness Act (5 U.S.C. 801
et seq.), this proposed rule is not a major
rule. It will not have an effect on the
economy of $100 million or more, will
not cause a major increase in costs or
prices for consumers, and will not have
significant adverse effects on
competition, employment, investment,
productivity, innovation, or the ability
of U.S.-based enterprises to compete
with foreign-based enterprises.
Executive Order 12630
Title VIII of ANILCA requires the
Secretaries to administer a subsistence
priority on public lands. The scope of
this program is limited by definition to
certain public lands. Likewise, these
proposed regulations have no potential
takings of private property implications
as defined by Executive Order 12630.
Unfunded Mandates Reform Act
The Secretaries have determined and
certify pursuant to the Unfunded
Mandates Reform Act, 2 U.S.C. 1502 et
seq., that this rulemaking will not
impose a cost of $100 million or more
in any given year on local or State
governments or private entities. The
implementation of this rule is by
Federal agencies and there is no cost
imposed on any State or local entities or
tribal governments.
Executive Order 12988
The Secretaries have determined that
these regulations meet the applicable
standards provided in sections 3(a) and
3(b)(2) of Executive Order 12988,
regarding civil justice reform.
Executive Order 13132
In accordance with Executive Order
13132, this proposed rule does not have
sufficient federalism implications to
warrant the preparation of a Federalism
Assessment. Title VIII of ANILCA
precludes the State from exercising
subsistence management authority over
fish and wildlife resources on Federal
lands unless it meets certain
requirements.
Executive Order 13175
The Alaska National Interest Lands
Conservation Act, Title VIII, does not
provide specific rights to tribes for the
subsistence taking of wildlife, fish, and
shellfish. However, the Secretaries,
through the Board, will provide
federally recognized Tribes and Alaska
Native corporations an opportunity to
consult on this proposed rule.
Consultations with Alaska Native
corporations are based on Public Law
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10903
242 and 50 CFR part 100 for the 2022–
23 and 2023–24 regulatory years:
The text of the proposed amendments
to 36 CFR 242.24 and 242.26 and 50
CFR 100.24 and 100.26 is the final rule
for the 2020–2022 regulatory period for
wildlife (85 FR 74796; November 23,
2020).
The text of the proposed amendments
to 36 CFR 242.25 and 50 CFR 100.25 is
the final rule for the 2018–20 regulatory
period for wildlife (83 FR 50758;
October 9, 2018).
108–199, div. H, Sec. 161, Jan. 23, 2004,
118 Stat. 452, as amended by Public
Law 108–447, div. H, title V, Sec. 518,
Dec. 8, 2004, 118 Stat. 3267, which
provides that: ‘‘The Director of the
Office of Management and Budget and
all Federal agencies shall hereafter
consult with Alaska Native corporations
on the same basis as Indian tribes under
Executive Order No. 13175.’’
The Secretaries, through the Board,
will provide a variety of opportunities
for consultation: commenting on
proposed changes to the existing rule;
engaging in dialogue at the Regional
Council meetings; engaging in dialogue
at the Board’s meetings; and providing
input in person, by mail, email, or
phone at any time during the
rulemaking process.
Sue Detwiler,
Assistant Regional Director, U.S. Fish and
Wildlife Service.
Wayne Owen,
Director, Wildlife, Fisheries, Ecology,
Watershed, & Subsistence, Alaska Region,
USDA—Forest Service.
Executive Order 13211
[FR Doc. 2021–03407 Filed 2–22–21; 8:45 am]
This Executive order requires
agencies to prepare Statements of
Energy Effects when undertaking certain
actions. However, this proposed rule is
not a significant regulatory action under
E.O. 13211, affecting energy supply,
distribution, or use, and no Statement of
Energy Effects is required.
BILLING CODE 4333–15–P 3411–15–P
Drafting Information
Theo Matuskowitz drafted this
proposed rule under the guidance of
Sue Detwiler of the Office of
Subsistence Management, Alaska
Regional Office, U.S. Fish and Wildlife
Service, Anchorage, Alaska. Additional
assistance was provided by:
• Chris McKee, Alaska State Office,
Bureau of Land Management;
• Joshua Ream, Alaska Regional
Office, National Park Service;
• Dr. Glenn Chen, Alaska Regional
Office, Bureau of Indian Affairs;
• Carol Damberg, Alaska Regional
Office, U.S. Fish and Wildlife Service;
and
• Deyna Kuntzsch, Alaska Regional
Office, USDA—Forest Service.
List of Subjects
36 CFR Part 242
Administrative practice and
procedure, Alaska, Fish, National
forests, Public lands, Reporting and
recordkeeping requirements, Wildlife.
50 CFR Part 100
Administrative practice and
procedure, Alaska, Fish, National
forests, Public lands, Reporting and
recordkeeping requirements, Wildlife.
Proposed Regulation Promulgation
For the reasons set out in the
preamble, the Federal Subsistence
Board proposes to amend 36 CFR part
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2020–0352; FRL–10016–
75–Region 9]
Approval of Arizona State
Implementation Plan Revisions;
Maricopa County Air Quality
Department; Stationary Source
Permits; New Source Review
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing action on
revisions to the Maricopa County Air
Quality Department (MCAQD) portion
of the state implementation plan (SIP)
for the State of Arizona. We are
proposing full approval of seven
MCAQD rules for the Department’s New
Source Review (NSR) preconstruction
permitting program for new and
modified stationary sources of air
pollution. We are taking comments on
this proposed rule and plan to follow
with a final action.
DATES: Written comments must be
received on or before March 25, 2021.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R09–
OAR–2020–0352 at https://
www.regulations.gov, or via email to
R9AirPermits@epa.gov. For comments
submitted at Regulations.gov, follow the
online instructions for submitting
comments. Once submitted, comments
cannot be removed or edited from
Regulations.gov. For either manner of
submission, the EPA may publish any
SUMMARY:
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Federal Register / Vol. 86, No. 34 / Tuesday, February 23, 2021 / Proposed Rules
comment received to its public docket.
Do not submit electronically any
information you consider to be
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. The EPA will generally not
consider comments or comment
contents located outside of the primary
submission (i.e. on the web, cloud, or
other file sharing system). For
additional submission methods, or if
you need assistance in a language other
than English, or if you are a person with
disabilities who needs a reasonable
accommodation at no cost to you, please
contact the person identified in the FOR
FURTHER INFORMATION CONTACT section.
For the full EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT:
Shaheerah Kelly, EPA Region IX, 75
Hawthorne Street (AIR–3–1), San
Francisco, California 94105. By phone at
(415) 947–4156, or by email at
kelly.shaheerah@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we’’, ‘‘us’’,
and ‘‘our’’ refer to the EPA.
Table of Contents
I. The State’s Submittal
A. What rules did the State submit?
B. Are there other versions of these rules?
C. What is the purpose of the submitted
rule revisions?
II. The EPA’s Evaluation
A. What is the background for today’s
proposal?
B. How is the EPA evaluating the rules?
C. Do the rules meet the evaluation
criteria?
III. Proposed Action and Public Comment
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
Definitions
For the purpose of this document, we
are giving meaning to certain words or
initials as follows:
(i) The initials ADEQ mean or refer to the
Arizona Department of Environmental
Quality.
(ii) The word or initials CAA or Act mean
or refer to the Clean Air Act, unless the
context indicates otherwise.
(iii) The initials CFR mean or refer to Code
of Federal Regulations.
(iv) The initials or words EPA, we, us or
our mean or refer to the United States
Environmental Protection Agency.
(v) The word or initials MCAQD or
Department mean or refer to the Maricopa
County Air Quality Department, the agency
with jurisdiction over stationary sources
within Maricopa County, Arizona.
(vi) The initials NAAQS mean or refer to
the National Ambient Air Quality Standards.
(vii) The initials NSR mean or refer to New
Source Review.
(viii) The initials NNSR mean or refer to
nonattainment New Source Review.
(ix) The initials PSD mean or refer to
Prevention of Significant Deterioration.
(x) The initials SIP means or refer to State
Implementation Plan.
(xi) The word State means or refers to the
State of Arizona.
(xii) The word TSD means or refers to the
Technical Support Document.
I. The State’s Submittal
A. What rules did the State submit?
On December 20, 2019, the ADEQ
submitted the revised rules in Table 1
to the EPA as a revision to the Maricopa
County portion of the Arizona SIP. The
ADEQ is the governor’s designee for
submitting official revisions of the
Arizona SIP to the EPA. These rules
constitute the MCAQD’s air quality
preconstruction NSR permit program.
TABLE 1—MCAQD SUBMITTED RULES
Regulation & Rule No.
Regulation
Regulation
Regulation
Regulation
Regulation
Regulation
Regulation
Adoption or
amendment
date
Rule title
I, Rule 100 .....................
II, Rule 200 ....................
II, Rule 210 1 ..................
II, Rule 220 ....................
II, Rule 230 ....................
II, Rule 240 ....................
II, Rule 241 ....................
General Provisions; General Provisions and Definitions ..........................
Permits and Fees; Permit Requirements ..................................................
Permits and Fees; Title V Permit Provisions ............................................
Permits and Fees; Non-Title V Permit Provisions ....................................
Permits and Fees; General Permits ..........................................................
Permits and Fees; Federal Major New Source Review ...........................
Permits and Fees; Minor New Source Review .........................................
On June 20, 2020, the MCAQD’s Rules
100, 200, 210, 220, 230, 240, and 241
were deemed complete by operation of
law in accordance with 40 CFR part 51,
Appendix V.
12/11/2019
12/11/2019
12/11/2019
12/11/2019
12/11/2019
12/11/2019
12/11/2019
Submitted
12/20/2019
12/20/2019
12/20/2019
12/20/2019
12/20/2019
12/20/2019
12/20/2019
B. Are there other versions of these
rules?
On April 5, 2019, the EPA finalized
full approval of MCAQD Rules 210, 220,
240, and 241, and conditional approval
of Rules 100 and 200, as amended on
February 3, 2016 and September 7,
2016, into the Maricopa County portion
of the Arizona SIP. (See 84 FR 13543
(April 5, 2019), and 84 FR 18392 (May
1, 2019).) Our detailed analysis for the
April 5, 2019 final SIP action is
provided in the May 17, 2018 Technical
Support Document (TSD) and March 18,
2019 Response to Comments.
The existing SIP-approved NSR
program for new or modified stationary
sources in Maricopa County consists of
the rules identified in Table 2.
Collectively, these rules establish the
NSR permit requirements for stationary
sources under the MCAQD’s
jurisdiction.
The rules listed in Table 1 will
replace the existing SIP-approved NSR
program rules listed in Table 2, in their
entirety. The MCAQD made several
revisions to its NSR program, including
revisions for addressing the rule
deficiencies identified by the EPA in
our final conditional approval on April
5, 2019. The EPA’s action on this SIP
submittal will update the Maricopa
County portion of the Arizona SIP.
1 Rule 210 also contains requirements to address
the CAA title V requirements for operating permit
programs, but we are not evaluating the rule for title
V purposes at this time. We will evaluate Rule 210
for compliance with the requirements of title V of
the Act and the EPA’s implementing regulations in
40 CFR part 70 following receipt of an official part
70 program submittal from Maricopa County
containing this rule.
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TABLE 2—MCAQD’S CURRENT SIP-APPROVED RULES
Federal
Register
citation
Regulation & rule No.
Rule title
State
effective date
SIP
approval date
Regulation I, Rule 2, No. 11 ‘‘Alteration
or Modification’’.
Regulation I, Rule 2, No. 27 ‘‘Dust’’ ......
Regulation I, Rule 2, No. 29 ‘‘Emission’’
Regulation I, Rule 2, No. 34 ‘‘Existing
Source Performance Standards’’.
Regulation I, Rule 2, No. 37 ‘‘Fly Ash’’ ..
Regulation I, Rule 2, No. 39 ‘‘Fuel’’ .......
Regulation I, Rule 2, No. 42 ‘‘Fume’’ .....
Regulation I, Rule 2, No. 55 ‘‘Motor Vehicle’’.
Regulation I, Rule 2, No. 59 ‘‘Non-Point
Source’’.
Regulation I, Rule 2, No. 60 ‘‘Odors’’ ....
Regulation I, Rule 2, No. 64 ‘‘Organic
Solvent’’.
Regulation I, Rule 2, No. 70 ‘‘Plume’’ ....
Regulation I, Rule 2, No. 80 ‘‘Smoke’’ ...
Regulation I, Rule 2, No. 91 ‘‘Vapor’’ ....
Regulation II, Rule 21, Section D.1 (AZ
R9–3–101, Paragraph 52 ‘‘Dust’’).
General Provisions; Definitions ..............
June 23, 1980 ........
June 18, 1982 ........
47 FR 26382
General Provisions; Definitions ..............
General Provisions; Definitions ..............
General Provisions; Definitions ..............
June 23, 1980 ........
June 23, 1980 ........
June 23, 1980 ........
April 12, 1982 ........
April 12, 1982 ........
April 12, 1982 ........
47 FR 15579
47 FR 15579
47 FR 15579
General
General
General
General
June
June
June
June
April
April
April
April
47
47
47
47
Provisions;
Provisions;
Provisions;
Provisions;
Definitions
Definitions
Definitions
Definitions
..............
..............
..............
..............
23,
23,
23,
23,
1980
1980
1980
1980
........
........
........
........
12,
12,
12,
12,
1982
1982
1982
1982
........
........
........
........
FR
FR
FR
FR
15579
15579
15579
15579
General Provisions; Definitions ..............
June 23, 1980 ........
April 12, 1982 ........
47 FR 15579
General Provisions; Definitions ..............
General Provisions; Definitions ..............
June 23, 1980 ........
June 23, 1980 ........
April 12, 1982 ........
April 12, 1982 ........
47 FR 15579
47 FR 15579
General Provisions; Definitions ..............
General Provisions; Definitions ..............
General Provisions; Definitions ..............
Permits and Fees; Procedures for Obtaining an Installation Permit.
June 23, 1980 ........
June 23, 1980 ........
June 23, 1980 ........
October 25, 1982 ...
47 FR 15579
47 FR 15579
47 FR 15579
53 FR 30224;
56 FR 3219
Regulation II, Rule 21, Section D.1 (AZ Permits and Fees; Procedures for ObR9–3–101, Paragraph 56 ‘‘Emission’’).
taining an Installation Permit.
October 25, 1982 ...
Regulation II, Rule 21, Section D.1 (AZ
R9–3–101, Paragraph 63 ‘‘Existing
Source Performance Standards’’).
Permits and Fees; Procedures for Obtaining an Installation Permit.
October 25, 1982 ...
Regulation II, Rule 21, Section D.1 (AZ
R9–3–101, Paragraph 70 ‘‘Fuel’’).
Permits and Fees; Procedures for Obtaining an Installation Permit.
October 25, 1982 ...
Regulation II, Rule 21, Section D.1 (AZ
R9–3–101, Paragraph 71 ‘‘Fuel Burning Equipment’’).
Permits and Fees; Procedures for Obtaining an Installation Permit.
October 25, 1982 ...
Regulation II, Rule 21, Section D.1 (AZ
R9–3–101, Paragraph 74 ‘‘Fume’’).
Permits and Fees; Procedures for Obtaining an Installation Permit.
October 25, 1982 ...
Regulation II, Rule 21, Section D.1 (AZ
R9–3–101, Paragraph 103 ‘‘Motor
Vehicle’’).
Permits and Fees; Procedures for Obtaining an Installation Permit.
October 25, 1982 ...
Regulation II, Rule 21, Section D.1 (AZ
R9–3–101, Paragraph 114 ‘‘NonPoint Source’’).
Permits and Fees; Procedures for Obtaining an Installation Permit.
October 25, 1982 ...
Regulation II, Rule 21, Section D.1 (AZ
R9–3–101,
Paragraph
122
‘‘Photochemically Reactive Solvent’’).
Permits and Fees; Procedures for Obtaining an Installation Permit.
October 25, 1982 ...
Regulation II, Rule 21, Section D.1 (AZ
R9–3–101, Paragraph 123 ‘‘Plume’’).
Permits and Fees; Procedures for Obtaining an Installation Permit.
October 25, 1982 ...
Regulation II, Rule 21, Section D.1 (AZ Permits and Fees; Procedures for ObR9–3–101, Paragraph 128 ‘‘Process’’).
taining an Installation Permit.
October 25, 1982 ...
Regulation II, Rule 21, Section D.1 (AZ
R9–3–101, Paragraph 129 ‘‘Process
Source’’).
October 25, 1982 ...
April 12, 1982 ........
April 12, 1982 ........
April 12, 1982 ........
August 10, 1988;
Vacated; restored
on January 29,
1991.
August 10, 1988;
Vacated; restored
on January 29,
1991.
August 10, 1988;
Vacated; restored
on January 29,
1991.
August 10, 1988;
Vacated; restored
on January 29,
1991.
August 10, 1988;
Vacated; restored
on January 29,
1991.
August 10, 1988;
Vacated; restored
on January 29,
1991.
August 10, 1988;
Vacated; restored
on January 29,
1991.
August 10, 1988;
Vacated; restored
on January 29,
1991.
August 10, 1988;
Vacated; restored
on January 29,
1991.
August 10, 1988;
Vacated; restored
on January 29,
1991.
August 10, 1988;
Vacated; restored
on January 29,
1991.
August 10, 1988;
Vacated; restored
on January 29,
1991.
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Permits and Fees; Procedures for Obtaining an Installation Permit.
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53 FR 30224;
56 FR 3219
53 FR 30224;
56 FR 3219
53 FR 30224;
56 FR 3219
53 FR 30224;
56 FR 3219
53 FR 30224;
56 FR 3219
53 FR 30224;
56 FR 3219
53 FR 30224;
56 FR 3219
53 FR 30224;
56 FR 3219
53 FR 30224;
56 FR 3219
53 FR 30224;
56 FR 3219
53 FR 30224;
56 FR 3219
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TABLE 2—MCAQD’S CURRENT SIP-APPROVED RULES—Continued
Regulation & rule No.
Rule title
State
effective date
SIP
approval date
Federal
Register
citation
Regulation II, Rule 21, Section D.1 (AZ
R9–3–101, Paragraph 150 ‘‘Smoke’’).
Permits and Fees; Procedures for Obtaining an Installation Permit.
October 25, 1982 ...
53 FR 30224;
56 FR 3219
Regulation II, Rule 21, Section D.1 (AZ
R9–3–101, Paragraph 151 ‘‘Soot’’) 2.
Permits and Fees; Procedures for Obtaining an Installation Permit.
October 25, 1982 ...
Regulation II, Rule 21, Section D.1 (AZ
R9–3–101, Paragraph 160 ‘‘Supplementary Control System (SCS)’’).
Permits and Fees; Procedures for Obtaining an Installation Permit.
October 25, 1982 ...
Rule 21, Section D.1 (AZ R9–3–101,
Paragraph 166 ‘‘Vapor’’).
Permits and Fees; Procedures for Obtaining an Installation Permit.
October 25, 1982 ...
Regulation II, Rule 21, Section D.1 (AZ
R9–3–101, Paragraph 167 ‘‘Vapor
Pressure’’).
Permits and Fees; Procedures for Obtaining an Installation Permit.
October 25, 1982 ...
Regulation II, Rule 21, Section D.1 (AZ
R9–3–101, Paragraph 168 ‘‘Visible
Emissions’’).
Permits and Fees; Procedures for Obtaining an Installation Permit.
October 25, 1982 ...
Regulation I, Rule 100 (except Sections
200.24, 200.73, 200.104(c)).
Regulation II, Rule 200 ..........................
Regulation II, Rule 210 ..........................
General Provisions; General Provisions
and Definitions.
Permits and Fees; Permit Requirements
Permits and Fees; Title V Permit Provisions.
Permits and Fees; Non-Title V Permit
Provisions.
Permits and Fees; Federal Major New
Source Review (NSR).
Permits and Fees; Minor New Source
Review (NSR).
February 3, 2016 ...
August 10, 1988;
Vacated; restored
on January 29,
1991.
August 10, 1988;
Vacated; restored
on January 29,
1991.
August 10, 1988;
Vacated; restored
on January 29,
1991.
August 10, 1988;
Vacated; restored
on January 29,
1991.
August 10, 1988;
Vacated; restored
on January 29,
1991.
August 10, 1988;
Vacated; restored
on January 29,
1991.
April 5, 2019 ..........
February 3, 2016 ...
February 3, 2016 ...
April 5, 2019 ..........
April 5, 2019 ..........
84 FR 13543
84 FR 13543
February 3, 2016 ...
April 5, 2019 ..........
84 FR 13543
February 3, 2016 ...
April 5, 2019 ..........
84 FR 13543
February 3, 2016 ...
April 5, 2019 ..........
84 FR 13543
Regulation II, Rule 220 ..........................
Regulation II, Rule 240 (except Section
305).
Regulation II, Rule 241 ..........................
C. What is the purpose of the submitted
rule revisions?
Section 110(a) of the CAA requires
states to submit regulations that include
a pre-construction permit program for
new or modified stationary sources of
pollutants, including a permit program
as required by sections 110(a)(2) of the
CAA, and parts C and D of title I of the
CAA.
The purpose of the MCAQD’s NSR
submittal, which includes Rules 100,
200, 210, 220, 230, 240, and 241, is to
implement the County’s preconstruction
permit program for new and modified
minor sources, and new and modified
major stationary sources for areas
designated attainment and/or
unclassifiable for the National Ambient
Air Quality Standards (NAAQS), or
nonattainment for at least one NAAQS.
Maricopa County is designated
attainment and/or unclassifiable for all
sulfur dioxide (SO2), nitrogen dioxide
2 The correct citation for the definition of ‘‘Soot’’
is Rule 21, Section D.1 (AZ R9–3–101, Paragraph
151), and not Paragraph 152 which was in the April
5, 2019 final action.
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(NOX), particulate matter less than 2.5
micrometers (PM2.5), and carbon
monoxide (CO) NAAQS. Maricopa
County is also designated attainment
and/or unclassifiable for all ozone
NAAQS outside of the Phoenix-Mesa
area, and the particulate matter less than
10 micrometers (PM10) NAAQS for the
Maricopa County area outside of the
Phoenix Planning Area.
The Phoenix-Mesa, AZ area of
Maricopa County is designated as a
Moderate nonattainment area for the
2008 ozone NAAQS and as a Marginal
nonattainment area for the 2015 ozone
NAAQS. Additionally, the Phoenix
Planning Area of Maricopa County is
designated as a Serious nonattainment
area for the 1987 24-hour PM10 NAAQS.
See 40 CFR 81.303.
We present our evaluation under the
CAA and the EPA’s implementing
regulations applicable to SIP submittals
and NSR permit programs in general
terms below. We provide a more
detailed analysis in our TSD, which is
available in the docket for this proposed
action.
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53 FR 30224;
56 FR 3219
53 FR 30224;
56 FR 3219
53 FR 30224;
56 FR 3219
53 FR 30224;
56 FR 3219
53 FR 30224;
56 FR 3219
84 FR 13543
II. The EPA’s Evaluation
A. What is the background for today’s
proposal?
On April 5, 2019, the EPA finalized
full approval of Rules 210, 220, 240, and
241, and conditional approval of Rules
100 and 200, into the Arizona SIP. 84
FR 13543.3 We finalized conditional
approval of Rules 100 and 200 because
we determined that, while they mostly
satisfied the statutory and regulatory
requirements of CAA section
110(a)(2)(C) and part D of title I of the
Act, the rules also contained
deficiencies that prevented full
approval. The December 20, 2019
Submittal was submitted within one
year of the April 5, 2019 final action, in
accordance with the requirements of
CAA section 110(k)(4).
The MCAQD made several revisions
to Rules 100 and 200 to address the
deficiencies identified by the EPA, as
well as minor revisions to Rules 210,
220, 240, and 241 to address EPA
3 On May 1, 2019, the EPA published a final rule
to correct an error in the regulatory text for the
April 5, 2019 action. (See 84 FR 18392.)
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recommendations. The MCAQD also
adopted new Rule 230. These revisions
are discussed in the TSD, which can be
found in the docket for this rule.
B. How is the EPA evaluating the rules?
The EPA has reviewed the MCAQD
rules listed in Table 1 for compliance
with the CAA’s general requirements for
SIPs in CAA section 110(a)(2), for the
PSD program in part C of title I (section
165), and for the nonattainment NSR
programs in part D of title I (sections
172 and 173). The EPA also evaluated
the rules for compliance with the CAA
requirements for SIP revisions in CAA
sections 110(l) and 193. In addition, the
EPA evaluated the submitted rules for
consistency with the regulatory
provisions of 40 CFR part 51, subpart I
(Review of New Sources and
Modifications) (i.e., 40 CFR 51.160–
51.166) and 40 CFR 51.307.
Sections 110(a)(2) and 110(l) of the
Act require that each SIP or revision to
a SIP submitted by a state must be
adopted after reasonable notice and
public hearing. In addition, section 110
of the Act requires that SIP rules be
enforceable.
Section 110(a)(2)(C) of the Act
requires each SIP to include a program
to regulate the modification and
construction of any stationary source
within the areas covered by the SIP as
necessary to assure attainment and
maintenance of the NAAQS. The EPA’s
regulations at 40 CFR 51.160–51.164
provide general programmatic
requirements to implement this
statutory mandate commonly referred to
as the ‘‘general’’ or ‘‘minor’’ NSR
program. These NSR program
regulations impose requirements for
approval of state and local programs
that are more general in nature as
compared to the specific statutory and
regulatory requirements for NSR
permitting programs under parts C and
D of title I of the Act.
Part C of title I of the Act, and the
implementing regulations at 40 CFR
51.166, contain the requirements for
states to establish preconstruction
permitting programs for the prevention
of significant deterioration of air quality
(PSD) in areas designated as attainment
and/or unclassifiable for the NAAQS.
The PSD program requirements under
part C apply to major stationary sources
and major modifications, as those terms
are defined in 40 CFR 51.166, at
stationary sources located within
attainment and/or unclassifiable areas.
The PSD requirements apply to all
regulated NSR pollutants, except those
pollutants for which an area has been
designated as nonattainment.
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Part D of title I of the Act contains the
general requirements for areas
designated nonattainment for a NAAQS
(section 172), referred to as
nonattainment NSR (NNSR), including
preconstruction permit requirements for
new major sources and major
modifications proposing to construct in
nonattainment areas (section 173). 40
CFR 51.165 sets forth the EPA’s
regulatory requirements for SIPapproval of a nonattainment NSR permit
program.
The protection of visibility
requirements that apply to NSR
programs are contained in 40 CFR
51.307. This provision requires that
certain actions be taken in consultation
with the local Federal Land Manager if
a new major source or major
modification may have an impact on
visibility in any mandatory Federal
Class I Area.
Section 110(l) of the Act prohibits the
EPA from approving any SIP revisions
that would interfere with any applicable
requirement concerning attainment and
reasonable further progress (RFP) or any
other applicable requirement of the
CAA. Section 193 of the Act, which
only applies in nonattainment areas,
prohibits the modification of a SIPapproved control requirement in effect
before November 15, 1990, in any
manner unless the modification insures
equivalent or greater emission
reductions of such air pollutant.
Our TSD, which can be found in the
docket for this rule, contains a more
detailed discussion of the approval
criteria.
C. Do the rules meet the evaluation
criteria?
The EPA has reviewed the submitted
rules in accordance with the rule
evaluation criteria described above.
With respect to procedural
requirements, CAA sections 110(a)(2)
and 110(l) require that revisions to a SIP
be adopted by the state after reasonable
notice and public hearing. Based on our
review of the public process
documentation included in the
December 20, 2019 Submittal, we find
that the MCAQD has provided sufficient
evidence of public notice, and an
opportunity for comment and a public
hearing prior to adoption and submittal
of these rules to the EPA.
With respect to substantive
requirements, we have reviewed the
revisions to the submitted rules in
accordance with the evaluation criteria
discussed above. These revisions
included (1) rule changes that address
the deficiencies related to the
conditional approval of Rules 100 and
200; (2) new Rule 230; (3) new rule
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provisions in Rules 100 and 240; (4)
deleted rule provisions; and (5) other
general revisions. These revisions are
discussed below, and in greater detail in
the TSD for this rulemaking action.
Corrections to Deficiencies Identified in
the Conditional Approval of Rules 100
and 200
On April 5, 2019, the EPA finalized
conditional approval of Rules 100 and
200, as amended on February 3, 2016,
because we determined that, while they
mostly satisfy the statutory and
regulatory requirements of CAA section
110(a)(2)(C) and part D of title I of the
Act, the rules also contained
deficiencies that prevented full
approval. (See 84 FR 13543.) As part of
the conditional approval, the MCAQD
and the ADEQ committed to address the
deficiencies by providing the EPA with
a SIP revision within one year of the
April 5, 2019 final action. The
December 20, 2019 Submittal addresses
these deficiencies as follows:
1. The EPA determined that the
definition of ‘‘Good Engineering
Practice (GEP) Stack Height’’ in Rule
200, Section 201 was inconsistent with
the definition for this term provided in
40 CFR 51.100(ii), and therefore
deficient.
To address this deficiency the
MCAQD deleted (1) the definition of
GEP stack height in Rule 200, Section
201; and (2) the stack height procedures
in Rule 240, Section 302.5 (Application
Completeness) and Section 306 (Stack
Height and Dispersion Techniques). The
MCAQD also revised Rule 200, Section
314 (Stack Height Provisions) to add a
reference to 40 CFR 51.100 for
determining GEP stack height. These
revisions correct the deficiency.
2. The EPA determined that the
MCAQD must provide a basis under 40
CFR 51.160(e) to demonstrate that
regulation of the equipment (i.e.,
agricultural equipment used in normal
farm operations) exempted in Rule 200,
Section 305.1.c is not needed for the
MCAQD’s program to meet federal NSR
requirements for attainment and
maintenance of the NAAQS or review
for compliance with the control strategy.
To address this deficiency the
MCAQD deleted the exemption in Rule
200, Section 305.1.c, and replaced it
with a revised exemption in new
Section 305.2(i), which applies to
fugitive emissions from agricultural
equipment used in normal farm
operations. The revised rule provides
that agricultural equipment used in
normal farm operations does not
include equipment that would
otherwise require a permit under title V
of the Act, or equipment that is subject
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to a standard under 40 CFR parts 60, 61
or 63. The revised exemption is
consistent with Arizona State law in the
Arizona Revised Statutes (ARS) 49–
480(A), 49–425, and 49–426(B) and with
the ADEQ regulations in the Arizona
Administrative Code (AAC) R18–2–
302(C). These revisions correct the
deficiency.
3. The EPA determined that Rule 200,
Section 403.2 did not ensure the
continuity of the NSR terms and
conditions when a Title V or Non-Title
V permit expired and was therefore
deficient. The MCAQD added Rule 200,
Section 403.2(c), which states ‘‘The
terms and conditions of installation
permits issued before September 1,
1993, or in permits or permit revisions
issued under Rule 210 or Rule 220 of
these rules and authorizing the
construction or modification of a
stationary source, remain federal
applicable requirements unless
modified or revoked by the Control
Officer.’’ This provision is the same as
the ADEQ’s AAC R18–2–303(B). This
revision corrects the deficiency.
4. The EPA determined that
references to Appendix G (Incorporated
Materials) in certain provisions in Rules
100 and 200 were deficient because
Appendix G was neither included in the
existing SIP nor was it submitted by the
MCAQD for EPA-approval in the SIP.
The MCAQD removed references to
Appendix G, and instead cited the
appropriate federal regulations in the
code of federal regulations in the Rule
100 definitions of ‘‘AP–42’’, ‘‘NonPrecursor Compound’’, ‘‘Reference
Material’’, and in Rule 100, Section 503
(Emission Statements Required as
Stated in the Act), and Rule 200, Section
314 (Stack Height Provisions). These
revisions correct the deficiency.
5. The EPA determined that
references to the Arizona Testing
Manual (ATM) in Rules 100 and 200
were deficient because they relied on
provisions that were not SIP-approved,
and because the ATM is significantly
out of date and not appropriate to be
relied upon as the sole basis for testing
procedures. The MCAQD removed these
references from the Rule 100 definition
of ‘‘Reference Method’’, and from Rule
200, Section 408 (Testing Procedures).
The MCAQD retained the Rule 100
definition of ‘‘Arizona Testing Manual’’,
which is the same as the ADEQ’s AAC
R18–2–101(17). These revisions correct
the deficiency.
6. The EPA determined that certain
definitions that the MCAQD proposed
be removed from the approved SIP
could not be removed without further
justification. In its December 20, 2019
Submittal, the MCAQD provided
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adequate justifications for removing the
following definitions from Regulation I,
Rule 2, and Regulation II, Rule 21,
Section D.1, of the SIP: ‘‘Alternation or
Modification’’, ‘‘Begin Actual
Construction’’, ‘‘Dust’’, ‘‘Emission’’,
‘‘Existing Source Performance
Standards’’, ‘‘Fly Ash’’, ‘‘Fuel’’, ‘‘Fuel
Burning Equipment’’, ‘‘Fume’’, ‘‘Motor
Vehicle’’, ‘‘Non-Point Source’’, ‘‘Odors’’,
‘‘Organic Solvent’’, ‘‘Photochemically
Reactive Solvent’’, ‘‘Plume’’, ‘‘Process’’,
‘‘Process Source’’, ‘‘Smoke’’, ‘‘Soot’’,
‘‘Supplementary Control System (SCS)’’,
‘‘Vapor’’, ‘‘Vapor Pressure’’, and
‘‘Visible Emissions’’. In general, the
MCAQD’s justifications for removing
these definitions are because (a) the
definition has been replaced by a new
definition in Rule 100, Section 200, (b)
there are no references to the defined
term in the MCAQD’s regulations, (c)
the definition does not support any SIP
rules, (d) the definition is outdated and/
or substantively the same as a definition
that was incorporated by reference in
Rule 240, or (e) the definition is a
common term for which the MCAQD
will use the dictionary definition of the
term. The EPA finds that the removal of
these definitions is acceptable.
New Rule 230
Rule 230 is a new rule for General
Permits. It allows the issuance of
General permits for a facility class that
contains a large number of sources that
are similar in nature, have substantially
similar emissions, and would be subject
to the same or substantially similar
requirements governing operations,
emissions, monitoring, reporting, or
recordkeeping. The owner or operator of
a new or modified source is also
required to comply with the applicable
NSR requirements. As explained in the
TSD for this rulemaking, Rule 230 is
consistent with the CAA and the EPA’s
implementing regulations in 40 CFR
51.160–51.164.
New Provisions in Rules 100 and 240
The MCAQD added the following new
definitions to Rule 100: ‘‘Begin Actual
Construction’’, ‘‘Dust’’, ‘‘Emission’’,
‘‘Fuel’’, ‘‘Fume’’, ‘‘Gasoline’’,
‘‘Greenhouse Gases (GHGs)’’, ‘‘Minor
NSR Modification Threshold’’,
‘‘Modification’’, ‘‘Motor Vehicle’’, ‘‘NonRoad Internal Combustion (IC) Engine’’,
‘‘Off-Specification Used Oil’’, ‘‘OnSpecification Used Oil’’, ‘‘Organic
Solvent’’, ‘‘Plume’’, ‘‘Process’’,
‘‘Regulated Air Pollutant’’, ‘‘Seasonal
Source’’, ‘‘Smoke’’, ‘‘Soot’’, ‘‘Used Oil’’,
‘‘Vapor’’, ‘‘Visible Emissions’’, and
‘‘Year.’’ The MCAQD also added
‘‘Compliance Schedule for Newly
Amended Rule Provisions’’ in Rule 100,
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Section 403. These revisions are
consistent with the CAA and the EPA’s
implementing regulations in 40 CFR
51.160–51.164.
The MCAQD also added new PSD
program provisions in Rule 240. Section
305.2 of Rule 240 requires all new and
modified sources to meet specific
provisions of 40 CFR 52.21, as
incorporated by reference. Currently,
the MCAQD implements a federal PSD
permit program pursuant to a delegation
agreement under 40 CFR 52.21(u),
which allows the MCAQD to issue PSD
permits, and to modify and extend
existing PSD permits. Normally,
following SIP approval of a federal PSD
permit program, any existing PSD
delegation agreement would be
terminated. However, because the
MCAQD is prohibited under state law
from regulating GHG emissions, upon
SIP approval of Rule 240, the EPA will
terminate the existing PSD delegation
agreement and enter a new PSD
delegation agreement limited to the
issuance of PSD permits that regulate
GHG emissions. This will allow the
MCAQD to continue issuing complete
PSD permits for all sources under its
jurisdiction. These changes are
consistent with part C of title I of the
CAA and the EPA’s implementing
regulations at 40 CFR 51.166.
Deleted Rule Provisions
The MCAQD deleted certain
redundant PSD-related definitions from
Rule 100, as they are now incorporated
by reference in Rule 240, Section 200.
The EPA finds these deletions from Rule
100 acceptable.
The MCAQD deleted the following
rule provisions because they are
addressed in other rule provisions: (1)
The definition of ‘‘GEP Stack Height’’
from Rule 200, the stack height
procedures from Rule 240, Section
302.5, and the stack height and
dispersion technique provisions from
Rule 240, Section 306; (2) the
exemptions for trivial activities, food
processing equipment, general
combustion equipment, surface coating
and printing equipment, solvent
cleaning equipment, internal
combustion equipment, laboratories and
pilot plants, storage and distribution,
and miscellaneous activities from Rule
200, Section 305; (3) the Minor NSR
Transition rule provision from Rule 200,
Section 313; (4) the emissions
thresholds of 0.5 tons per year (tpy) of
hazardous air pollutants, and 2 tpy of
any regulated air pollutant from Rule
200, Section 305; (5) provisions
concerning obtaining a permit prior to
renting or leasing a portable source from
Rule 200, Section 410.3; (6) certain
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procedures for changes that do not
require a Non-Title V Permit from Rule
220, Section 404.3.e.; (7) the
requirements for holding a public
hearing from Rule 241, Section 310; and
(8) the source obligation provision from
Rule 241, Section 315. These
requirements were moved to other rules
or are already addressed in existing
rules. The EPA finds these revisions
acceptable.
Other General Rule Revisions
The MCAQD made several other
minor wording and administrative
changes to Rules 100, 200, 210, 220,
240, and 241. As discussed further in
our TSD, these rule revisions are
acceptable.
We are proposing to fully approve
Rules 100, 200, 210, 220, 230, 240 and
241 as part of the MCAQD’s general and
NSR permitting programs because we
have determined that these rules satisfy
the substantive statutory and regulatory
requirements of section 110(a)(2)(C) of
the Act, parts C and D of title I of the
Act, 40 CFR 51.160–51.166, and 40 CFR
51.307. Our TSD for this rulemaking
contains a more detailed evaluation.
III. Proposed Action and Public
Comment
As authorized in section 110(k)(3) of
the Act, the EPA proposes to fully
approve the MCAQD Rules 100, 200,
210, 220, 230, 240, and 241, because
they fulfill all relevant requirements.
We are accepting comments from the
public on this proposal until March 25,
2021. If we finalize this action as
proposed, our action would be codified
through revisions to 40 CFR 52.120
(Identification of plan).
IV. Incorporation by Reference
In this rule, the EPA is proposing to
include in a final EPA rule regulatory
text that includes incorporation by
reference. In accordance with
requirements of 1 CFR 51.5, the EPA is
proposing to incorporate by reference
the MCAQD rules listed in Table 1 of
this notice. The EPA has made, and will
continue to make, these documents
generally available electronically
through www.regulations.gov and at the
EPA Region IX Office (see the FOR
FURTHER INFORMATION CONTACT section of
this preamble for more information).
submissions, the EPA’s role is to
approve state choices, provided that
they meet the applicable criteria of the
Clean Air Act. Accordingly, this action
merely approves state law as meeting
federal requirements and does not
impose additional requirements beyond
those imposed by state law. For that
reason, this action:
• Is not a significant regulatory action
subject to review by the Office of
Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
List of Subjects in 40 CFR Part 52
Air pollution control, Environmental
protection, Incorporation by reference,
Intergovernmental relations, New source
review, Ozone, Particulate matter,
Reporting and recordkeeping
requirements, Volatile organic
compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: February 5, 2021.
Deborah Jordan,
Acting Regional Administrator, Region IX.
[FR Doc. 2021–02908 Filed 2–22–21; 8:45 am]
BILLING CODE 6560–50–P
V. Statutory and Executive Order
Reviews
Under the Clean Air Act, the
Administrator is required to approve a
SIP submission that complies with the
provisions of the Act and applicable
federal regulations. 42 U.S.C. 7410(k);
40 CFR 52.02(a). Thus, in reviewing SIP
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10909
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 63
[EPA–HQ–OAR–2020–0560; EPA–HQ–OAR–
2020–0535; EPA–HQ–OAR–2020–0572;
EPA–HQ–OAR–2020–0148; EPA–HQ–OAR–
2020–0505; EPA–HQ–OAR–2020–0532;
FRL–10020–46–OAR]
RIN 2060–AU59; 2060–AU65; 2060–AU57;
2060–AU67; 2060–AU66; 2060–AU64
National Emission Standards for
Hazardous Air Pollutants: Mercury Cell
Chlor-Alkali Plants, Primary
Magnesium Refining, Flexible
Polyurethane Foam Fabrication
Operations, Refractory Products
Manufacturing, Carbon Black
Production, and Cyanide Chemicals
Manufacturing Residual Risk and
Technology Reviews; Extension of
Comment Periods
Environmental Protection
Agency (EPA).
ACTION: Proposed rules; extension of
public comment periods.
AGENCY:
The U.S. Environmental
Protection Agency (EPA) is exending
comment periods for proposed rules
titled ‘‘National Emission Standards for
Hazardous Air Pollutants: Mercury Cell
Chlor-Alkali Plants Residual Risk and
Technology Review’’ and ‘‘National
Emission Standards for Hazardous Air
Pollutants: Primary Magesium Refining
Residual Risk and Technology Review,’’
published on January 8, 2021, ‘‘National
Emission Standards for Hazardous Air
Pollutants: Flexible Foam Fabrication
Operations Residual Risk and
Technology Review and Flexible
Polyurethane Foam Production and
Fabrication Area Source Technology
Review,’’ published on January 11,
2021, ‘‘National Emission Standards for
Hazardous Air Pollutants: Refractory
Products Manufacturing Residual Risk
and Technology Review’’ and ‘‘National
Emission Standards for Hazardous Air
Pollutants: Carbon Black Production
Residual Risk and Technology Review,’’
published January 14, 2021, and
‘‘National Emission Standards for
Hazardous Air Pollutants: Cyanide
Chemicals Manufacturing Residual Risk
and Technology Review,’’ published on
January 15, 2021, to allow additional
time for stakeholders to review and
comment on the proposals.
DATES: The public comment periods for
the proposed rules published in the
Federal Register on January 8, 2021 (86
FR 1362 and 86 FR 1390), originally
ending February 22, 2021, are being
extended. Written comments may now
be received on or before March 24, 2021.
SUMMARY:
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]]>Agencies
[Federal Register Volume 86, Number 34 (Tuesday, February 23, 2021)]
[Proposed Rules]
[Pages 10903-10909]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-02908]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2020-0352; FRL-10016-75-Region 9]
Approval of Arizona State Implementation Plan Revisions; Maricopa
County Air Quality Department; Stationary Source Permits; New Source
Review
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is proposing action
on revisions to the Maricopa County Air Quality Department (MCAQD)
portion of the state implementation plan (SIP) for the State of
Arizona. We are proposing full approval of seven MCAQD rules for the
Department's New Source Review (NSR) preconstruction permitting program
for new and modified stationary sources of air pollution. We are taking
comments on this proposed rule and plan to follow with a final action.
DATES: Written comments must be received on or before March 25, 2021.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2020-0352 at https://www.regulations.gov, or via email to
[email protected]. For comments submitted at Regulations.gov, follow
the online instructions for submitting comments. Once submitted,
comments cannot be removed or edited from Regulations.gov. For either
manner of submission, the EPA may publish any
[[Page 10904]]
comment received to its public docket. Do not submit electronically any
information you consider to be Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. The EPA
will generally not consider comments or comment contents located
outside of the primary submission (i.e. on the web, cloud, or other
file sharing system). For additional submission methods, or if you need
assistance in a language other than English, or if you are a person
with disabilities who needs a reasonable accommodation at no cost to
you, please contact the person identified in the FOR FURTHER
INFORMATION CONTACT section. For the full EPA public comment policy,
information about CBI or multimedia submissions, and general guidance
on making effective comments, please visit https://www2.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Shaheerah Kelly, EPA Region IX, 75
Hawthorne Street (AIR-3-1), San Francisco, California 94105. By phone
at (415) 947-4156, or by email at [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document, ``we'', ``us'',
and ``our'' refer to the EPA.
Table of Contents
I. The State's Submittal
A. What rules did the State submit?
B. Are there other versions of these rules?
C. What is the purpose of the submitted rule revisions?
II. The EPA's Evaluation
A. What is the background for today's proposal?
B. How is the EPA evaluating the rules?
C. Do the rules meet the evaluation criteria?
III. Proposed Action and Public Comment
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
Definitions
For the purpose of this document, we are giving meaning to certain
words or initials as follows:
(i) The initials ADEQ mean or refer to the Arizona Department of
Environmental Quality.
(ii) The word or initials CAA or Act mean or refer to the Clean
Air Act, unless the context indicates otherwise.
(iii) The initials CFR mean or refer to Code of Federal
Regulations.
(iv) The initials or words EPA, we, us or our mean or refer to
the United States Environmental Protection Agency.
(v) The word or initials MCAQD or Department mean or refer to
the Maricopa County Air Quality Department, the agency with
jurisdiction over stationary sources within Maricopa County,
Arizona.
(vi) The initials NAAQS mean or refer to the National Ambient
Air Quality Standards.
(vii) The initials NSR mean or refer to New Source Review.
(viii) The initials NNSR mean or refer to nonattainment New
Source Review.
(ix) The initials PSD mean or refer to Prevention of Significant
Deterioration.
(x) The initials SIP means or refer to State Implementation
Plan.
(xi) The word State means or refers to the State of Arizona.
(xii) The word TSD means or refers to the Technical Support
Document.
I. The State's Submittal
A. What rules did the State submit?
On December 20, 2019, the ADEQ submitted the revised rules in Table
1 to the EPA as a revision to the Maricopa County portion of the
Arizona SIP. The ADEQ is the governor's designee for submitting
official revisions of the Arizona SIP to the EPA. These rules
constitute the MCAQD's air quality preconstruction NSR permit program.
Table 1--MCAQD Submitted Rules
----------------------------------------------------------------------------------------------------------------
Adoption or
Regulation & Rule No. Rule title amendment date Submitted
----------------------------------------------------------------------------------------------------------------
Regulation I, Rule 100..................... General Provisions; General 12/11/2019 12/20/2019
Provisions and Definitions.
Regulation II, Rule 200.................... Permits and Fees; Permit 12/11/2019 12/20/2019
Requirements.
Regulation II, Rule 210 \1\................ Permits and Fees; Title V Permit 12/11/2019 12/20/2019
Provisions.
Regulation II, Rule 220.................... Permits and Fees; Non-Title V 12/11/2019 12/20/2019
Permit Provisions.
Regulation II, Rule 230.................... Permits and Fees; General Permits.. 12/11/2019 12/20/2019
Regulation II, Rule 240.................... Permits and Fees; Federal Major New 12/11/2019 12/20/2019
Source Review.
Regulation II, Rule 241.................... Permits and Fees; Minor New Source 12/11/2019 12/20/2019
Review.
----------------------------------------------------------------------------------------------------------------
On June 20, 2020, the MCAQD's Rules 100, 200, 210, 220, 230, 240,
and 241 were deemed complete by operation of law in accordance with 40
CFR part 51, Appendix V.
---------------------------------------------------------------------------
\1\ Rule 210 also contains requirements to address the CAA title
V requirements for operating permit programs, but we are not
evaluating the rule for title V purposes at this time. We will
evaluate Rule 210 for compliance with the requirements of title V of
the Act and the EPA's implementing regulations in 40 CFR part 70
following receipt of an official part 70 program submittal from
Maricopa County containing this rule.
---------------------------------------------------------------------------
B. Are there other versions of these rules?
On April 5, 2019, the EPA finalized full approval of MCAQD Rules
210, 220, 240, and 241, and conditional approval of Rules 100 and 200,
as amended on February 3, 2016 and September 7, 2016, into the Maricopa
County portion of the Arizona SIP. (See 84 FR 13543 (April 5, 2019),
and 84 FR 18392 (May 1, 2019).) Our detailed analysis for the April 5,
2019 final SIP action is provided in the May 17, 2018 Technical Support
Document (TSD) and March 18, 2019 Response to Comments.
The existing SIP-approved NSR program for new or modified
stationary sources in Maricopa County consists of the rules identified
in Table 2. Collectively, these rules establish the NSR permit
requirements for stationary sources under the MCAQD's jurisdiction.
The rules listed in Table 1 will replace the existing SIP-approved
NSR program rules listed in Table 2, in their entirety. The MCAQD made
several revisions to its NSR program, including revisions for
addressing the rule deficiencies identified by the EPA in our final
conditional approval on April 5, 2019. The EPA's action on this SIP
submittal will update the Maricopa County portion of the Arizona SIP.
[[Page 10905]]
Table 2--MCAQD's Current SIP-Approved Rules
--------------------------------------------------------------------------------------------------------------------------------------------------------
Federal Register
Regulation & rule No. Rule title State effective date SIP approval date citation
--------------------------------------------------------------------------------------------------------------------------------------------------------
Regulation I, Rule 2, No. 11 General Provisions; June 23, 1980.................. June 18, 1982.................. 47 FR 26382
``Alteration or Modification''. Definitions.
Regulation I, Rule 2, No. 27 General Provisions; June 23, 1980.................. April 12, 1982................. 47 FR 15579
``Dust''. Definitions.
Regulation I, Rule 2, No. 29 General Provisions; June 23, 1980.................. April 12, 1982................. 47 FR 15579
``Emission''. Definitions.
Regulation I, Rule 2, No. 34 General Provisions; June 23, 1980.................. April 12, 1982................. 47 FR 15579
``Existing Source Performance Definitions.
Standards''.
Regulation I, Rule 2, No. 37 ``Fly General Provisions; June 23, 1980.................. April 12, 1982................. 47 FR 15579
Ash''. Definitions.
Regulation I, Rule 2, No. 39 General Provisions; June 23, 1980.................. April 12, 1982................. 47 FR 15579
``Fuel''. Definitions.
Regulation I, Rule 2, No. 42 General Provisions; June 23, 1980.................. April 12, 1982................. 47 FR 15579
``Fume''. Definitions.
Regulation I, Rule 2, No. 55 General Provisions; June 23, 1980.................. April 12, 1982................. 47 FR 15579
``Motor Vehicle''. Definitions.
Regulation I, Rule 2, No. 59 ``Non- General Provisions; June 23, 1980.................. April 12, 1982................. 47 FR 15579
Point Source''. Definitions.
Regulation I, Rule 2, No. 60 General Provisions; June 23, 1980.................. April 12, 1982................. 47 FR 15579
``Odors''. Definitions.
Regulation I, Rule 2, No. 64 General Provisions; June 23, 1980.................. April 12, 1982................. 47 FR 15579
``Organic Solvent''. Definitions.
Regulation I, Rule 2, No. 70 General Provisions; June 23, 1980.................. April 12, 1982................. 47 FR 15579
``Plume''. Definitions.
Regulation I, Rule 2, No. 80 General Provisions; June 23, 1980.................. April 12, 1982................. 47 FR 15579
``Smoke''. Definitions.
Regulation I, Rule 2, No. 91 General Provisions; June 23, 1980.................. April 12, 1982................. 47 FR 15579
``Vapor''. Definitions.
Regulation II, Rule 21, Section D.1 Permits and Fees; October 25, 1982............... August 10, 1988; Vacated; 53 FR 30224; 56 FR 3219
(AZ R9-3-101, Paragraph 52 Procedures for restored on January 29, 1991.
``Dust''). Obtaining an
Installation Permit.
Regulation II, Rule 21, Section D.1 Permits and Fees; October 25, 1982............... August 10, 1988; Vacated; 53 FR 30224; 56 FR 3219
(AZ R9-3-101, Paragraph 56 Procedures for restored on January 29, 1991.
``Emission''). Obtaining an
Installation Permit.
Regulation II, Rule 21, Section D.1 Permits and Fees; October 25, 1982............... August 10, 1988; Vacated; 53 FR 30224; 56 FR 3219
(AZ R9-3-101, Paragraph 63 Procedures for restored on January 29, 1991.
``Existing Source Performance Obtaining an
Standards''). Installation Permit.
Regulation II, Rule 21, Section D.1 Permits and Fees; October 25, 1982............... August 10, 1988; Vacated; 53 FR 30224; 56 FR 3219
(AZ R9-3-101, Paragraph 70 Procedures for restored on January 29, 1991.
``Fuel''). Obtaining an
Installation Permit.
Regulation II, Rule 21, Section D.1 Permits and Fees; October 25, 1982............... August 10, 1988; Vacated; 53 FR 30224; 56 FR 3219
(AZ R9-3-101, Paragraph 71 ``Fuel Procedures for restored on January 29, 1991.
Burning Equipment''). Obtaining an
Installation Permit.
Regulation II, Rule 21, Section D.1 Permits and Fees; October 25, 1982............... August 10, 1988; Vacated; 53 FR 30224; 56 FR 3219
(AZ R9-3-101, Paragraph 74 Procedures for restored on January 29, 1991.
``Fume''). Obtaining an
Installation Permit.
Regulation II, Rule 21, Section D.1 Permits and Fees; October 25, 1982............... August 10, 1988; Vacated; 53 FR 30224; 56 FR 3219
(AZ R9-3-101, Paragraph 103 Procedures for restored on January 29, 1991.
``Motor Vehicle''). Obtaining an
Installation Permit.
Regulation II, Rule 21, Section D.1 Permits and Fees; October 25, 1982............... August 10, 1988; Vacated; 53 FR 30224; 56 FR 3219
(AZ R9-3-101, Paragraph 114 ``Non- Procedures for restored on January 29, 1991.
Point Source''). Obtaining an
Installation Permit.
Regulation II, Rule 21, Section D.1 Permits and Fees; October 25, 1982............... August 10, 1988; Vacated; 53 FR 30224; 56 FR 3219
(AZ R9-3-101, Paragraph 122 Procedures for restored on January 29, 1991.
``Photochemically Reactive Obtaining an
Solvent''). Installation Permit.
Regulation II, Rule 21, Section D.1 Permits and Fees; October 25, 1982............... August 10, 1988; Vacated; 53 FR 30224; 56 FR 3219
(AZ R9-3-101, Paragraph 123 Procedures for restored on January 29, 1991.
``Plume''). Obtaining an
Installation Permit.
Regulation II, Rule 21, Section D.1 Permits and Fees; October 25, 1982............... August 10, 1988; Vacated; 53 FR 30224; 56 FR 3219
(AZ R9-3-101, Paragraph 128 Procedures for restored on January 29, 1991.
``Process''). Obtaining an
Installation Permit.
Regulation II, Rule 21, Section D.1 Permits and Fees; October 25, 1982............... August 10, 1988; Vacated; 53 FR 30224; 56 FR 3219
(AZ R9-3-101, Paragraph 129 Procedures for restored on January 29, 1991.
``Process Source''). Obtaining an
Installation Permit.
[[Page 10906]]
Regulation II, Rule 21, Section D.1 Permits and Fees; October 25, 1982............... August 10, 1988; Vacated; 53 FR 30224; 56 FR 3219
(AZ R9-3-101, Paragraph 150 Procedures for restored on January 29, 1991.
``Smoke''). Obtaining an
Installation Permit.
Regulation II, Rule 21, Section D.1 Permits and Fees; October 25, 1982............... August 10, 1988; Vacated; 53 FR 30224; 56 FR 3219
(AZ R9-3-101, Paragraph 151 Procedures for restored on January 29, 1991.
``Soot'') \2\. Obtaining an
Installation Permit.
Regulation II, Rule 21, Section D.1 Permits and Fees; October 25, 1982............... August 10, 1988; Vacated; 53 FR 30224; 56 FR 3219
(AZ R9-3-101, Paragraph 160 Procedures for restored on January 29, 1991.
``Supplementary Control System Obtaining an
(SCS)''). Installation Permit.
Rule 21, Section D.1 (AZ R9-3-101, Permits and Fees; October 25, 1982............... August 10, 1988; Vacated; 53 FR 30224; 56 FR 3219
Paragraph 166 ``Vapor''). Procedures for restored on January 29, 1991.
Obtaining an
Installation Permit.
Regulation II, Rule 21, Section D.1 Permits and Fees; October 25, 1982............... August 10, 1988; Vacated; 53 FR 30224; 56 FR 3219
(AZ R9-3-101, Paragraph 167 Procedures for restored on January 29, 1991.
``Vapor Pressure''). Obtaining an
Installation Permit.
Regulation II, Rule 21, Section D.1 Permits and Fees; October 25, 1982............... August 10, 1988; Vacated; 53 FR 30224; 56 FR 3219
(AZ R9-3-101, Paragraph 168 Procedures for restored on January 29, 1991.
``Visible Emissions''). Obtaining an
Installation Permit.
Regulation I, Rule 100 (except General Provisions; February 3, 2016............... April 5, 2019.................. 84 FR 13543
Sections 200.24, 200.73, General Provisions
200.104(c)). and Definitions.
Regulation II, Rule 200............ Permits and Fees; February 3, 2016............... April 5, 2019.................. 84 FR 13543
Permit Requirements.
Regulation II, Rule 210............ Permits and Fees; February 3, 2016............... April 5, 2019.................. 84 FR 13543
Title V Permit
Provisions.
Regulation II, Rule 220............ Permits and Fees; Non- February 3, 2016............... April 5, 2019.................. 84 FR 13543
Title V Permit
Provisions.
Regulation II, Rule 240 (except Permits and Fees; February 3, 2016............... April 5, 2019.................. 84 FR 13543
Section 305). Federal Major New
Source Review (NSR).
Regulation II, Rule 241............ Permits and Fees; February 3, 2016............... April 5, 2019.................. 84 FR 13543
Minor New Source
Review (NSR).
--------------------------------------------------------------------------------------------------------------------------------------------------------
C. What is the purpose of the submitted rule revisions?
---------------------------------------------------------------------------
\2\ The correct citation for the definition of ``Soot'' is Rule
21, Section D.1 (AZ R9-3-101, Paragraph 151), and not Paragraph 152
which was in the April 5, 2019 final action.
---------------------------------------------------------------------------
Section 110(a) of the CAA requires states to submit regulations
that include a pre-construction permit program for new or modified
stationary sources of pollutants, including a permit program as
required by sections 110(a)(2) of the CAA, and parts C and D of title I
of the CAA.
The purpose of the MCAQD's NSR submittal, which includes Rules 100,
200, 210, 220, 230, 240, and 241, is to implement the County's
preconstruction permit program for new and modified minor sources, and
new and modified major stationary sources for areas designated
attainment and/or unclassifiable for the National Ambient Air Quality
Standards (NAAQS), or nonattainment for at least one NAAQS.
Maricopa County is designated attainment and/or unclassifiable for
all sulfur dioxide (SO2), nitrogen dioxide (NOX),
particulate matter less than 2.5 micrometers (PM2.5), and
carbon monoxide (CO) NAAQS. Maricopa County is also designated
attainment and/or unclassifiable for all ozone NAAQS outside of the
Phoenix-Mesa area, and the particulate matter less than 10 micrometers
(PM10) NAAQS for the Maricopa County area outside of the
Phoenix Planning Area.
The Phoenix-Mesa, AZ area of Maricopa County is designated as a
Moderate nonattainment area for the 2008 ozone NAAQS and as a Marginal
nonattainment area for the 2015 ozone NAAQS. Additionally, the Phoenix
Planning Area of Maricopa County is designated as a Serious
nonattainment area for the 1987 24-hour PM10 NAAQS. See 40
CFR 81.303.
We present our evaluation under the CAA and the EPA's implementing
regulations applicable to SIP submittals and NSR permit programs in
general terms below. We provide a more detailed analysis in our TSD,
which is available in the docket for this proposed action.
II. The EPA's Evaluation
A. What is the background for today's proposal?
On April 5, 2019, the EPA finalized full approval of Rules 210,
220, 240, and 241, and conditional approval of Rules 100 and 200, into
the Arizona SIP. 84 FR 13543.\3\ We finalized conditional approval of
Rules 100 and 200 because we determined that, while they mostly
satisfied the statutory and regulatory requirements of CAA section
110(a)(2)(C) and part D of title I of the Act, the rules also contained
deficiencies that prevented full approval. The December 20, 2019
Submittal was submitted within one year of the April 5, 2019 final
action, in accordance with the requirements of CAA section 110(k)(4).
---------------------------------------------------------------------------
\3\ On May 1, 2019, the EPA published a final rule to correct an
error in the regulatory text for the April 5, 2019 action. (See 84
FR 18392.)
---------------------------------------------------------------------------
The MCAQD made several revisions to Rules 100 and 200 to address
the deficiencies identified by the EPA, as well as minor revisions to
Rules 210, 220, 240, and 241 to address EPA
[[Page 10907]]
recommendations. The MCAQD also adopted new Rule 230. These revisions
are discussed in the TSD, which can be found in the docket for this
rule.
B. How is the EPA evaluating the rules?
The EPA has reviewed the MCAQD rules listed in Table 1 for
compliance with the CAA's general requirements for SIPs in CAA section
110(a)(2), for the PSD program in part C of title I (section 165), and
for the nonattainment NSR programs in part D of title I (sections 172
and 173). The EPA also evaluated the rules for compliance with the CAA
requirements for SIP revisions in CAA sections 110(l) and 193. In
addition, the EPA evaluated the submitted rules for consistency with
the regulatory provisions of 40 CFR part 51, subpart I (Review of New
Sources and Modifications) (i.e., 40 CFR 51.160-51.166) and 40 CFR
51.307.
Sections 110(a)(2) and 110(l) of the Act require that each SIP or
revision to a SIP submitted by a state must be adopted after reasonable
notice and public hearing. In addition, section 110 of the Act requires
that SIP rules be enforceable.
Section 110(a)(2)(C) of the Act requires each SIP to include a
program to regulate the modification and construction of any stationary
source within the areas covered by the SIP as necessary to assure
attainment and maintenance of the NAAQS. The EPA's regulations at 40
CFR 51.160-51.164 provide general programmatic requirements to
implement this statutory mandate commonly referred to as the
``general'' or ``minor'' NSR program. These NSR program regulations
impose requirements for approval of state and local programs that are
more general in nature as compared to the specific statutory and
regulatory requirements for NSR permitting programs under parts C and D
of title I of the Act.
Part C of title I of the Act, and the implementing regulations at
40 CFR 51.166, contain the requirements for states to establish
preconstruction permitting programs for the prevention of significant
deterioration of air quality (PSD) in areas designated as attainment
and/or unclassifiable for the NAAQS. The PSD program requirements under
part C apply to major stationary sources and major modifications, as
those terms are defined in 40 CFR 51.166, at stationary sources located
within attainment and/or unclassifiable areas. The PSD requirements
apply to all regulated NSR pollutants, except those pollutants for
which an area has been designated as nonattainment.
Part D of title I of the Act contains the general requirements for
areas designated nonattainment for a NAAQS (section 172), referred to
as nonattainment NSR (NNSR), including preconstruction permit
requirements for new major sources and major modifications proposing to
construct in nonattainment areas (section 173). 40 CFR 51.165 sets
forth the EPA's regulatory requirements for SIP-approval of a
nonattainment NSR permit program.
The protection of visibility requirements that apply to NSR
programs are contained in 40 CFR 51.307. This provision requires that
certain actions be taken in consultation with the local Federal Land
Manager if a new major source or major modification may have an impact
on visibility in any mandatory Federal Class I Area.
Section 110(l) of the Act prohibits the EPA from approving any SIP
revisions that would interfere with any applicable requirement
concerning attainment and reasonable further progress (RFP) or any
other applicable requirement of the CAA. Section 193 of the Act, which
only applies in nonattainment areas, prohibits the modification of a
SIP-approved control requirement in effect before November 15, 1990, in
any manner unless the modification insures equivalent or greater
emission reductions of such air pollutant.
Our TSD, which can be found in the docket for this rule, contains a
more detailed discussion of the approval criteria.
C. Do the rules meet the evaluation criteria?
The EPA has reviewed the submitted rules in accordance with the
rule evaluation criteria described above. With respect to procedural
requirements, CAA sections 110(a)(2) and 110(l) require that revisions
to a SIP be adopted by the state after reasonable notice and public
hearing. Based on our review of the public process documentation
included in the December 20, 2019 Submittal, we find that the MCAQD has
provided sufficient evidence of public notice, and an opportunity for
comment and a public hearing prior to adoption and submittal of these
rules to the EPA.
With respect to substantive requirements, we have reviewed the
revisions to the submitted rules in accordance with the evaluation
criteria discussed above. These revisions included (1) rule changes
that address the deficiencies related to the conditional approval of
Rules 100 and 200; (2) new Rule 230; (3) new rule provisions in Rules
100 and 240; (4) deleted rule provisions; and (5) other general
revisions. These revisions are discussed below, and in greater detail
in the TSD for this rulemaking action.
Corrections to Deficiencies Identified in the Conditional Approval of
Rules 100 and 200
On April 5, 2019, the EPA finalized conditional approval of Rules
100 and 200, as amended on February 3, 2016, because we determined
that, while they mostly satisfy the statutory and regulatory
requirements of CAA section 110(a)(2)(C) and part D of title I of the
Act, the rules also contained deficiencies that prevented full
approval. (See 84 FR 13543.) As part of the conditional approval, the
MCAQD and the ADEQ committed to address the deficiencies by providing
the EPA with a SIP revision within one year of the April 5, 2019 final
action. The December 20, 2019 Submittal addresses these deficiencies as
follows:
1. The EPA determined that the definition of ``Good Engineering
Practice (GEP) Stack Height'' in Rule 200, Section 201 was inconsistent
with the definition for this term provided in 40 CFR 51.100(ii), and
therefore deficient.
To address this deficiency the MCAQD deleted (1) the definition of
GEP stack height in Rule 200, Section 201; and (2) the stack height
procedures in Rule 240, Section 302.5 (Application Completeness) and
Section 306 (Stack Height and Dispersion Techniques). The MCAQD also
revised Rule 200, Section 314 (Stack Height Provisions) to add a
reference to 40 CFR 51.100 for determining GEP stack height. These
revisions correct the deficiency.
2. The EPA determined that the MCAQD must provide a basis under 40
CFR 51.160(e) to demonstrate that regulation of the equipment (i.e.,
agricultural equipment used in normal farm operations) exempted in Rule
200, Section 305.1.c is not needed for the MCAQD's program to meet
federal NSR requirements for attainment and maintenance of the NAAQS or
review for compliance with the control strategy.
To address this deficiency the MCAQD deleted the exemption in Rule
200, Section 305.1.c, and replaced it with a revised exemption in new
Section 305.2(i), which applies to fugitive emissions from agricultural
equipment used in normal farm operations. The revised rule provides
that agricultural equipment used in normal farm operations does not
include equipment that would otherwise require a permit under title V
of the Act, or equipment that is subject
[[Page 10908]]
to a standard under 40 CFR parts 60, 61 or 63. The revised exemption is
consistent with Arizona State law in the Arizona Revised Statutes (ARS)
49-480(A), 49-425, and 49-426(B) and with the ADEQ regulations in the
Arizona Administrative Code (AAC) R18-2-302(C). These revisions correct
the deficiency.
3. The EPA determined that Rule 200, Section 403.2 did not ensure
the continuity of the NSR terms and conditions when a Title V or Non-
Title V permit expired and was therefore deficient. The MCAQD added
Rule 200, Section 403.2(c), which states ``The terms and conditions of
installation permits issued before September 1, 1993, or in permits or
permit revisions issued under Rule 210 or Rule 220 of these rules and
authorizing the construction or modification of a stationary source,
remain federal applicable requirements unless modified or revoked by
the Control Officer.'' This provision is the same as the ADEQ's AAC
R18-2-303(B). This revision corrects the deficiency.
4. The EPA determined that references to Appendix G (Incorporated
Materials) in certain provisions in Rules 100 and 200 were deficient
because Appendix G was neither included in the existing SIP nor was it
submitted by the MCAQD for EPA-approval in the SIP. The MCAQD removed
references to Appendix G, and instead cited the appropriate federal
regulations in the code of federal regulations in the Rule 100
definitions of ``AP-42'', ``Non-Precursor Compound'', ``Reference
Material'', and in Rule 100, Section 503 (Emission Statements Required
as Stated in the Act), and Rule 200, Section 314 (Stack Height
Provisions). These revisions correct the deficiency.
5. The EPA determined that references to the Arizona Testing Manual
(ATM) in Rules 100 and 200 were deficient because they relied on
provisions that were not SIP-approved, and because the ATM is
significantly out of date and not appropriate to be relied upon as the
sole basis for testing procedures. The MCAQD removed these references
from the Rule 100 definition of ``Reference Method'', and from Rule
200, Section 408 (Testing Procedures). The MCAQD retained the Rule 100
definition of ``Arizona Testing Manual'', which is the same as the
ADEQ's AAC R18-2-101(17). These revisions correct the deficiency.
6. The EPA determined that certain definitions that the MCAQD
proposed be removed from the approved SIP could not be removed without
further justification. In its December 20, 2019 Submittal, the MCAQD
provided adequate justifications for removing the following definitions
from Regulation I, Rule 2, and Regulation II, Rule 21, Section D.1, of
the SIP: ``Alternation or Modification'', ``Begin Actual
Construction'', ``Dust'', ``Emission'', ``Existing Source Performance
Standards'', ``Fly Ash'', ``Fuel'', ``Fuel Burning Equipment'',
``Fume'', ``Motor Vehicle'', ``Non-Point Source'', ``Odors'', ``Organic
Solvent'', ``Photochemically Reactive Solvent'', ``Plume'',
``Process'', ``Process Source'', ``Smoke'', ``Soot'', ``Supplementary
Control System (SCS)'', ``Vapor'', ``Vapor Pressure'', and ``Visible
Emissions''. In general, the MCAQD's justifications for removing these
definitions are because (a) the definition has been replaced by a new
definition in Rule 100, Section 200, (b) there are no references to the
defined term in the MCAQD's regulations, (c) the definition does not
support any SIP rules, (d) the definition is outdated and/or
substantively the same as a definition that was incorporated by
reference in Rule 240, or (e) the definition is a common term for which
the MCAQD will use the dictionary definition of the term. The EPA finds
that the removal of these definitions is acceptable.
New Rule 230
Rule 230 is a new rule for General Permits. It allows the issuance
of General permits for a facility class that contains a large number of
sources that are similar in nature, have substantially similar
emissions, and would be subject to the same or substantially similar
requirements governing operations, emissions, monitoring, reporting, or
recordkeeping. The owner or operator of a new or modified source is
also required to comply with the applicable NSR requirements. As
explained in the TSD for this rulemaking, Rule 230 is consistent with
the CAA and the EPA's implementing regulations in 40 CFR 51.160-51.164.
New Provisions in Rules 100 and 240
The MCAQD added the following new definitions to Rule 100: ``Begin
Actual Construction'', ``Dust'', ``Emission'', ``Fuel'', ``Fume'',
``Gasoline'', ``Greenhouse Gases (GHGs)'', ``Minor NSR Modification
Threshold'', ``Modification'', ``Motor Vehicle'', ``Non-Road Internal
Combustion (IC) Engine'', ``Off-Specification Used Oil'', ``On-
Specification Used Oil'', ``Organic Solvent'', ``Plume'', ``Process'',
``Regulated Air Pollutant'', ``Seasonal Source'', ``Smoke'', ``Soot'',
``Used Oil'', ``Vapor'', ``Visible Emissions'', and ``Year.'' The MCAQD
also added ``Compliance Schedule for Newly Amended Rule Provisions'' in
Rule 100, Section 403. These revisions are consistent with the CAA and
the EPA's implementing regulations in 40 CFR 51.160-51.164.
The MCAQD also added new PSD program provisions in Rule 240.
Section 305.2 of Rule 240 requires all new and modified sources to meet
specific provisions of 40 CFR 52.21, as incorporated by reference.
Currently, the MCAQD implements a federal PSD permit program pursuant
to a delegation agreement under 40 CFR 52.21(u), which allows the MCAQD
to issue PSD permits, and to modify and extend existing PSD permits.
Normally, following SIP approval of a federal PSD permit program, any
existing PSD delegation agreement would be terminated. However, because
the MCAQD is prohibited under state law from regulating GHG emissions,
upon SIP approval of Rule 240, the EPA will terminate the existing PSD
delegation agreement and enter a new PSD delegation agreement limited
to the issuance of PSD permits that regulate GHG emissions. This will
allow the MCAQD to continue issuing complete PSD permits for all
sources under its jurisdiction. These changes are consistent with part
C of title I of the CAA and the EPA's implementing regulations at 40
CFR 51.166.
Deleted Rule Provisions
The MCAQD deleted certain redundant PSD-related definitions from
Rule 100, as they are now incorporated by reference in Rule 240,
Section 200. The EPA finds these deletions from Rule 100 acceptable.
The MCAQD deleted the following rule provisions because they are
addressed in other rule provisions: (1) The definition of ``GEP Stack
Height'' from Rule 200, the stack height procedures from Rule 240,
Section 302.5, and the stack height and dispersion technique provisions
from Rule 240, Section 306; (2) the exemptions for trivial activities,
food processing equipment, general combustion equipment, surface
coating and printing equipment, solvent cleaning equipment, internal
combustion equipment, laboratories and pilot plants, storage and
distribution, and miscellaneous activities from Rule 200, Section 305;
(3) the Minor NSR Transition rule provision from Rule 200, Section 313;
(4) the emissions thresholds of 0.5 tons per year (tpy) of hazardous
air pollutants, and 2 tpy of any regulated air pollutant from Rule 200,
Section 305; (5) provisions concerning obtaining a permit prior to
renting or leasing a portable source from Rule 200, Section 410.3; (6)
certain
[[Page 10909]]
procedures for changes that do not require a Non-Title V Permit from
Rule 220, Section 404.3.e.; (7) the requirements for holding a public
hearing from Rule 241, Section 310; and (8) the source obligation
provision from Rule 241, Section 315. These requirements were moved to
other rules or are already addressed in existing rules. The EPA finds
these revisions acceptable.
Other General Rule Revisions
The MCAQD made several other minor wording and administrative
changes to Rules 100, 200, 210, 220, 240, and 241. As discussed further
in our TSD, these rule revisions are acceptable.
We are proposing to fully approve Rules 100, 200, 210, 220, 230,
240 and 241 as part of the MCAQD's general and NSR permitting programs
because we have determined that these rules satisfy the substantive
statutory and regulatory requirements of section 110(a)(2)(C) of the
Act, parts C and D of title I of the Act, 40 CFR 51.160-51.166, and 40
CFR 51.307. Our TSD for this rulemaking contains a more detailed
evaluation.
III. Proposed Action and Public Comment
As authorized in section 110(k)(3) of the Act, the EPA proposes to
fully approve the MCAQD Rules 100, 200, 210, 220, 230, 240, and 241,
because they fulfill all relevant requirements. We are accepting
comments from the public on this proposal until March 25, 2021. If we
finalize this action as proposed, our action would be codified through
revisions to 40 CFR 52.120 (Identification of plan).
IV. Incorporation by Reference
In this rule, the EPA is proposing to include in a final EPA rule
regulatory text that includes incorporation by reference. In accordance
with requirements of 1 CFR 51.5, the EPA is proposing to incorporate by
reference the MCAQD rules listed in Table 1 of this notice. The EPA has
made, and will continue to make, these documents generally available
electronically through www.regulations.gov and at the EPA Region IX
Office (see the FOR FURTHER INFORMATION CONTACT section of this
preamble for more information).
V. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, the EPA's role is to approve state
choices, provided that they meet the applicable criteria of the Clean
Air Act. Accordingly, this action merely approves state law as meeting
federal requirements and does not impose additional requirements beyond
those imposed by state law. For that reason, this action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
List of Subjects in 40 CFR Part 52
Air pollution control, Environmental protection, Incorporation by
reference, Intergovernmental relations, New source review, Ozone,
Particulate matter, Reporting and recordkeeping requirements, Volatile
organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: February 5, 2021.
Deborah Jordan,
Acting Regional Administrator, Region IX.
[FR Doc. 2021-02908 Filed 2-22-21; 8:45 am]
BILLING CODE 6560-50-P
