Air Plan Approval; Arizona; Miami Copper Smelter Sulfur Dioxide Control Measures, 12310-12312 [2021-03753]
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Federal Register / Vol. 86, No. 40 / Wednesday, March 3, 2021 / Proposed Rules
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2020–0735; FRL–10020–
57–Region 9]
Air Plan Approval; Arizona; Miami
Copper Smelter Sulfur Dioxide Control
Measures
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve
revisions to the Arizona State
Implementation Plan (SIP). These
revisions concern emissions of sulfur
dioxide (SO2) from the copper smelter
in Miami, Arizona. We are proposing to
approve the rescission of two Arizona
Department of Environmental Quality
(ADEQ) Arizona Administrative Code
(A.A.C.) provisions from the Arizona
SIP that are no longer needed to regulate
this emission source under the Clean
Air Act (CAA or the ‘‘Act’’). We are
taking comments on this proposal and
plan to follow with a final action.
DATES: Comments must be received on
or before April 2, 2021.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R09–
OAR–2020–0735 at https://
www.regulations.gov. For comments
SUMMARY:
submitted at Regulations.gov, follow the
online instructions for submitting
comments. Once submitted, comments
cannot be edited or removed from
Regulations.gov. The EPA may publish
any comment received to its public
docket. Do not submit electronically any
information you consider to be
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. The EPA will generally not
consider comments or comment
contents located outside of the primary
submission (i.e., on the web, cloud, or
other file sharing system). For
additional submission methods, please
contact the person identified in the FOR
FURTHER INFORMATION CONTACT section.
For the full EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www.epa.gov/dockets/
commenting-epa-dockets. 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 FURTHER INFORMATION CONTACT:
Kevin Gong, EPA Region IX, 75
Hawthorne St., San Francisco, CA
94105. By phone: (415) 972–3073 or by
email at gong.kevin@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us’’
and ‘‘our’’ refer to the EPA.
Table of Contents
I. The State’s Submittal
A. Of what rule provisions did the State
request rescission?
B. What was the purpose of the SIPapproved rule provisions, and what is
the purpose of the State’s rescission
request?
II. The EPA’s Evaluation and Action
A. How is the EPA evaluating the request
for rescission?
B. Does the rule rescission meet the
evaluation criteria?
C. Public Comment and Proposed Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews
I. The State’s Submittal
A. Of what rule provisions did the State
request rescission?
Table 1 lists the rule provisions
addressed by this proposal with the
dates that they were adopted, submitted,
and approved. On March 10, 2020,
ADEQ submitted a formal request to the
EPA requesting that the EPA rescind
these provisions from the SIP.1
TABLE 1—RULE FOR WHICH RESCISSION FROM THE SIP IS REQUESTED
Local agency
Citation
ADEQ ...............
A.A.C. R18–2–715(F)(2)
and (H).
On September 10, 2020 the submittal
for the rescission of A.A.C. R18–2–
715(F)(2) and (H) was deemed by
operation of law to meet the
completeness criteria in 40 CFR part 51
appendix V, which must be met before
formal EPA review.
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B. What was the purpose of the SIPapproved rule provisions, and what is
the purpose of the State’s rescission
request?
ADEQ adopted A.A.C. R18–2–
715(F)(2) and (H) in order to establish
source-specific SO2 emissions limits for
the copper smelter located in Miami,
Arizona (‘‘Miami Smelter’’). ADEQ also
adopted compliance and monitoring
1 Letter from Daniel Czecholinski, Director, Air
Quality Division, ADEQ, to John Busterud, Regional
Administrator, EPA Region IX, RE: Miami SO2
Nonattainment Area State Implementation Plan
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Rule title
Adopted
Standards of Performance for Existing Primary
Copper Smelters; Site-specific Requirements.
March 7, 2009 .......
SIP approval date
September 23, 2014.
provisions for these limits in A.A.C.
R18–2–715.01. These provisions were
necessary to provide for attainment of
the 1971 National Ambient Air Quality
Standard (NAAQS), for which the
Miami area was designated
nonattainment in 1978.2 The State of
Arizona submitted regulations to the
EPA in 1979 and 1980 to reduce
emissions from criteria pollutant
sources in Miami and across the state.
The EPA approved these measures on
January 14, 1983, but found that further
analysis and control of smelter fugitive
emissions was needed.3 The Miami
smelter operators submitted fugitive
emissions studies in the 1990s to better
estimate fugitive emissions during
typical operation to eventually
determine maximum emissions. This
analysis resulted in the implementation
of further control measures and
emission limits at the Miami Smelter to
provide for attainment of the 1971 SO2
NAAQS. On November 1, 2004, the EPA
approved rules R18–2–715 (sections F,
G, and H), R18–2–715.01 and R18–2–
715.02, which codified these new
requirements.4 In 2007, the EPA
Revision (undated; received by EPA on March 10,
2020).
2 The Miami SO NAA (nonattainment area)
2
initially included all of Gila County (43 FR 8968,
March 3, 1978), but its boundaries were later
revised to include only the nine townships in and
around Miami (44 FR 21261, April 10, 1979).
3 48 FR 1717. These provisions were codified
within A.A.C. R9–3–515, which was the
predecessor to A.A.C. R18–2–715.
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redesignated the Miami area to
attainment for the 1971 NAAQS.5
In 2010, the EPA promulgated a new
1-hour SO2 NAAQS, and
simultaneously established provisions
for revoking the 1971 SO2 NAAQS.6 The
EPA designated the Miami area as
nonattainment for the 2010 SO2 NAAQS
in 2013.7 ADEQ submitted a new SO2
attainment plan and rule for Miami
(R18–2–C1302) in 2017 to comply with
CAA requirements for 2010 SO2
nonattainment areas. ADEQ also
submitted new transitional provisions
in A.A.C. R18–2–715(I) and R18–2–
715.01(V) in order to sunset the existing
rule provisions upon the effective date
of R18–2–B1302, which regulates SO2
emissions from the copper smelter in
Hayden, Arizona along with the
provisions for Miami, Arizona in R18–
2–C1302.
The EPA approved A.A.C. R18–2–
C1302 into the Arizona SIP on
November 14, 2018,8 and approved the
Miami SO2 attainment plan on March
12, 2019.9 However, we have not yet
proposed to act on the transitional
provisions in A.A.C. R18–2–715(I) and
R18–2–715.01(V). As explained in our
recent final limited approval and
limited disapproval of R18–2–B1302
(‘‘Limits on SO2 Emissions from the
Hayden Smelter’’) ‘‘because the
transitional provisions that apply to
Hayden and Miami are inseverable from
one another (i.e., both are contained
within a single paragraph within R18–
2–715(I) and R18–2–715.01(V)), we
cannot separately approve the
transitional provisions for Miami
without also approving the provisions
for Hayden, which is prohibited by CAA
section 110(l).’’ 10 Therefore, the Miami
smelter remains subject to the emission
limits in R18–2–715(F)(2) and (H) and
associated requirements in R18–2–
715.01.
ADEQ is requesting that EPA rescind
R18–2–715(F)(2) and (H) from the
Arizona SIP in order to remove the
emissions limits and associated
requirements that were established to
meet the now-revoked 1971 SO2
NAAQS. In support of this request,
ADEQ submitted a demonstration of
how rescission of these provisions from
4 69 FR 63324. The EPA later approved minor
revisions to A.A.C. R18–2–715. 79 FR 56655
(September 23, 2014).
5 72 FR 3061 (January 24, 2007).
6 75 FR 35520 (June 22, 2010).
7 78 FR 47191 (August 5, 2013; effective October
4, 2013). This action also established an effective
date for revocation of the 1971 SO2 NAAQS in the
Miami area of October 4, 2014. See 40 CFR 50.4(e).
8 83 FR 56736.
9 84 FR 8813.
10 85 FR 70483, 70485 (November 5, 2020).
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the SIP would comply with applicable
CAA requirements.11
II. The EPA’s Evaluation and Action
A. How is the EPA evaluating the
request for rescission?
Once a rule has been approved as part
of a SIP, the rescission of that rule from
the SIP constitutes a SIP revision. To
approve such a revision, the EPA must
determine whether the revision meets
relevant CAA criteria for stringency, and
complies with restrictions on relaxation
of SIP measures under CAA section
110(l), and the General Savings Clause
in CAA section 193 for SIP-approved
control requirements in effect before
November 15, 1990.
Stringency: CAA section 172(c)(1)
requires that SIPs for nonattainment
areas provide for the implementation of
all reasonably available control
measures (RACM), including any
reasonably available control technology
(RACT), in order to provide for
attainment of the NAAQS.
Plan Revisions: States must
demonstrate that SIP revisions would
not interfere with attainment,
reasonable further progress (RFP) or any
other applicable requirement of the
CAA under the provisions of CAA
section 110(l). Therefore, consistent
with CAA section 110(l) requirements,
ADEQ must demonstrate that the
rescission of R18–2–715(F)(2) and (H)
from the SIP would not interfere with
attainment and RFP of the NAAQS or
any other applicable CAA requirement.
General Savings Clause: CAA section
193 prohibits the modification of any
control requirement in effect, or
required to be adopted by an order,
settlement agreement or plan in effect
before November 15, 1990, in areas
designated as nonattainment for an air
pollutant unless the modification
ensures equivalent or greater emission
reductions of the relevant pollutant.
B. Does the rule rescission meet the
evaluation criteria?
The EPA previously determined that
R18–2–C1302 and the Miami SO2
attainment plan meet the requirements
for RACM/RACT for the Miami 2010
SO2 nonattainment area.12 We have also
found that the emissions limits in R18–
11 ‘‘State Implementation Plan Revision; Miami
SO2 Nonattainment Area Demonstration of
Compliance with Clean Air Act Sections 110(l) and
193 for the 2010 SO2 National Ambient Air Quality
Standards,’’ dated February 27, 2020.
12 EPA, ‘‘Technical Support Document for the
EPA’s Rulemaking for the Arizona State
Implementation Plan; Arizona Administrative Code,
Title 18, Chapter 2, Article 13, Part B—Hayden,
Arizona, Planning Area, R18–2–B1302—Limits on
SO2 Emissions from the Hayden Smelter,’’ April
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12311
2–C1302 are more stringent than those
in R18–2–715.13 In particular, the 30day rolling average emission limit of
142.45 pounds per hour (lb/hr) in R18–
2–C1302(C), which covers both stack
and fugitive emissions, is far more
stringent than the annual average limit
of 2,420 lb/hr for combined stack and
fugitive emissions in R18–2–715(H).
The 142.45 lb/hr limit in R18–2–C1302
is also clearly more stringent than
annual average emission limit of 604 lb/
hr and 3-hour limits of 712—8,678 lb/
hr for stack emissions in R18–2–
715(F)(2).
We also note that while ADEQ is not
requesting rescission of the compliance
and monitoring requirements in R18–2–
715.01, the removal of R18–2–715(F)(2)
and (H) from the SIP would effectively
render the provisions of R18–2–715.01
inapplicable to the Miami smelter.14 We
find that the nullification of these
provisions with respect to the Miami
smelter would not interfere with any
CAA requirements because the Miami
smelter is already required to comply
with the more prescriptive requirements
for compliance and monitoring in R18–
2–C1302(E).
For the foregoing reasons, we propose
to find that the rescission of R18–2–
715(F)(2) and (H) from the Arizona SIP
would not interfere with any CAA
requirements and would therefore
comply with CAA section 110(l). We
also propose to find that our prior
approval of R18–2–C1302 ensures
equivalent or greater emission
reductions of SO2 than the rescission of
R18–2–715(F)(2) and (H) and therefore
satisfies the requirements of CAA
section 193.
C. Public Comment and Proposed
Action
As authorized in section 110(k)(3) of
the Act, the EPA proposes to approve
the rescission of R18–2–715(F)(2) and
(H) from the Arizona SIP because these
provisions are no longer needed to meet
any CAA requirement and rescission
would comply with CAA sections 110(l)
and 193. We will accept comments from
the public on this proposal until April
2, 2021. If we take final action to
approve the rule rescission, our final
action will rescind these provisions
from the federally enforceable SIP.
2020 (‘‘Rule B1302 TSD’’), 10 –12; 84 FR 8813,
March 12, 2019.
13 Rule B1302 TSD, 12–13.
14 The Hayden Smelter will remain subject to the
applicable requirements of both R18–2–715 and
R18–2–715.01 until we take action to remove those
requirements from the SIP or approve the
transitional provisions in A.A.C. R18–2–715(I) and
R18–2–715.01(V) into the SIP.
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III. Incorporation by Reference
In this document, the EPA is
proposing to amend regulatory text that
includes incorporation by reference.
The EPA is proposing to remove R18–
2–715(F)(2) and (H) as described in
Table 1 of this preamble from the
Arizona State Implementation Plan,
which is incorporated by reference in
accordance with the requirements of 1
CFR part 51.
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 Clean Air Act. Accordingly, this
proposed action merely proposes to
approve state law as meeting federal
requirements and does not impose
additional requirements beyond those
imposed by state law. For that reason,
this proposed 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);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the Clean Air Act;
and
• Does not provide the EPA with the
discretionary authority to address
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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).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Reporting and recordkeeping
requirements, Sulfur dioxide.
Authority: 42 U.S.C. 7401 et seq.
Dated: February 18, 2021.
Deborah Jordan,
Acting Regional Administrator, Region IX.
[FR Doc. 2021–03753 Filed 3–2–21; 8:45 am]
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17408]
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Whose Applications Will Be Referred
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Due to Foreign Ownership
Federal Communications
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ACTION: Proposed rules.
AGENCY:
In this document, the
International Bureau seeks comment on
a set of standardized national security
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(Standard Questions) that proponents of
certain applications and petitions
involving reportable foreign ownership
will be required to answer as part of the
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DATES: Comments are due April 2, 2021.
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identified by IB Docket No. 16–155, by
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people with disabilities (Braille, large
print, electronic files, audio format),
send an email to fcc504@fcc.gov or call
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In addition, filers should provide one
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[Federal Register Volume 86, Number 40 (Wednesday, March 3, 2021)]
[Proposed Rules]
[Pages 12310-12312]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-03753]
[[Page 12310]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2020-0735; FRL-10020-57-Region 9]
Air Plan Approval; Arizona; Miami Copper Smelter Sulfur Dioxide
Control Measures
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve revisions to the Arizona State Implementation Plan (SIP). These
revisions concern emissions of sulfur dioxide (SO2) from the
copper smelter in Miami, Arizona. We are proposing to approve the
rescission of two Arizona Department of Environmental Quality (ADEQ)
Arizona Administrative Code (A.A.C.) provisions from the Arizona SIP
that are no longer needed to regulate this emission source under the
Clean Air Act (CAA or the ``Act''). We are taking comments on this
proposal and plan to follow with a final action.
DATES: Comments must be received on or before April 2, 2021.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2020-0735 at https://www.regulations.gov. For comments submitted at
Regulations.gov, follow the online instructions for submitting
comments. Once submitted, comments cannot be edited or removed from
Regulations.gov. The EPA may publish any comment received to its public
docket. Do not submit electronically any information you consider to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Multimedia submissions (audio,
video, etc.) must be accompanied by a written comment. The written
comment is considered the official comment and should include
discussion of all points you wish to make. The EPA will generally not
consider comments or comment contents located outside of the primary
submission (i.e., on the web, cloud, or other file sharing system). For
additional submission methods, please contact the person identified in
the FOR FURTHER INFORMATION CONTACT section. For the full EPA public
comment policy, information about CBI or multimedia submissions, and
general guidance on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets. 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 FURTHER INFORMATION CONTACT: Kevin Gong, EPA Region IX, 75
Hawthorne St., San Francisco, CA 94105. By phone: (415) 972-3073 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. Of what rule provisions did the State request rescission?
B. What was the purpose of the SIP-approved rule provisions, and
what is the purpose of the State's rescission request?
II. The EPA's Evaluation and Action
A. How is the EPA evaluating the request for rescission?
B. Does the rule rescission meet the evaluation criteria?
C. Public Comment and Proposed Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews
I. The State's Submittal
A. Of what rule provisions did the State request rescission?
Table 1 lists the rule provisions addressed by this proposal with
the dates that they were adopted, submitted, and approved. On March 10,
2020, ADEQ submitted a formal request to the EPA requesting that the
EPA rescind these provisions from the SIP.\1\
---------------------------------------------------------------------------
\1\ Letter from Daniel Czecholinski, Director, Air Quality
Division, ADEQ, to John Busterud, Regional Administrator, EPA Region
IX, RE: Miami SO2 Nonattainment Area State Implementation
Plan Revision (undated; received by EPA on March 10, 2020).
Table 1--Rule for Which Rescission From the SIP is Requested
----------------------------------------------------------------------------------------------------------------
Local agency Citation Rule title Adopted SIP approval date
----------------------------------------------------------------------------------------------------------------
ADEQ................ A.A.C. R18-2- Standards of March 7, 2009.......... September 23, 2014.
715(F)(2) and Performance for
(H). Existing Primary
Copper Smelters;
Site-specific
Requirements.
----------------------------------------------------------------------------------------------------------------
On September 10, 2020 the submittal for the rescission of A.A.C.
R18-2-715(F)(2) and (H) was deemed by operation of law to meet the
completeness criteria in 40 CFR part 51 appendix V, which must be met
before formal EPA review.
B. What was the purpose of the SIP-approved rule provisions, and what
is the purpose of the State's rescission request?
ADEQ adopted A.A.C. R18-2-715(F)(2) and (H) in order to establish
source-specific SO2 emissions limits for the copper smelter
located in Miami, Arizona (``Miami Smelter''). ADEQ also adopted
compliance and monitoring provisions for these limits in A.A.C. R18-2-
715.01. These provisions were necessary to provide for attainment of
the 1971 National Ambient Air Quality Standard (NAAQS), for which the
Miami area was designated nonattainment in 1978.\2\ The State of
Arizona submitted regulations to the EPA in 1979 and 1980 to reduce
emissions from criteria pollutant sources in Miami and across the
state. The EPA approved these measures on January 14, 1983, but found
that further analysis and control of smelter fugitive emissions was
needed.\3\ The Miami smelter operators submitted fugitive emissions
studies in the 1990s to better estimate fugitive emissions during
typical operation to eventually determine maximum emissions. This
analysis resulted in the implementation of further control measures and
emission limits at the Miami Smelter to provide for attainment of the
1971 SO2 NAAQS. On November 1, 2004, the EPA approved rules
R18-2-715 (sections F, G, and H), R18-2-715.01 and R18-2-715.02, which
codified these new requirements.\4\ In 2007, the EPA
[[Page 12311]]
redesignated the Miami area to attainment for the 1971 NAAQS.\5\
---------------------------------------------------------------------------
\2\ The Miami SO2 NAA (nonattainment area) initially
included all of Gila County (43 FR 8968, March 3, 1978), but its
boundaries were later revised to include only the nine townships in
and around Miami (44 FR 21261, April 10, 1979).
\3\ 48 FR 1717. These provisions were codified within A.A.C. R9-
3-515, which was the predecessor to A.A.C. R18-2-715.
\4\ 69 FR 63324. The EPA later approved minor revisions to
A.A.C. R18-2-715. 79 FR 56655 (September 23, 2014).
\5\ 72 FR 3061 (January 24, 2007).
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In 2010, the EPA promulgated a new 1-hour SO2 NAAQS, and
simultaneously established provisions for revoking the 1971
SO2 NAAQS.\6\ The EPA designated the Miami area as
nonattainment for the 2010 SO2 NAAQS in 2013.\7\ ADEQ
submitted a new SO2 attainment plan and rule for Miami (R18-
2-C1302) in 2017 to comply with CAA requirements for 2010
SO2 nonattainment areas. ADEQ also submitted new
transitional provisions in A.A.C. R18-2-715(I) and R18-2-715.01(V) in
order to sunset the existing rule provisions upon the effective date of
R18-2-B1302, which regulates SO2 emissions from the copper
smelter in Hayden, Arizona along with the provisions for Miami, Arizona
in R18-2-C1302.
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\6\ 75 FR 35520 (June 22, 2010).
\7\ 78 FR 47191 (August 5, 2013; effective October 4, 2013).
This action also established an effective date for revocation of the
1971 SO2 NAAQS in the Miami area of October 4, 2014. See
40 CFR 50.4(e).
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The EPA approved A.A.C. R18-2-C1302 into the Arizona SIP on
November 14, 2018,\8\ and approved the Miami SO2 attainment
plan on March 12, 2019.\9\ However, we have not yet proposed to act on
the transitional provisions in A.A.C. R18-2-715(I) and R18-2-715.01(V).
As explained in our recent final limited approval and limited
disapproval of R18-2-B1302 (``Limits on SO2 Emissions from
the Hayden Smelter'') ``because the transitional provisions that apply
to Hayden and Miami are inseverable from one another (i.e., both are
contained within a single paragraph within R18-2-715(I) and R18-2-
715.01(V)), we cannot separately approve the transitional provisions
for Miami without also approving the provisions for Hayden, which is
prohibited by CAA section 110(l).'' \10\ Therefore, the Miami smelter
remains subject to the emission limits in R18-2-715(F)(2) and (H) and
associated requirements in R18-2-715.01.
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\8\ 83 FR 56736.
\9\ 84 FR 8813.
\10\ 85 FR 70483, 70485 (November 5, 2020).
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ADEQ is requesting that EPA rescind R18-2-715(F)(2) and (H) from
the Arizona SIP in order to remove the emissions limits and associated
requirements that were established to meet the now-revoked 1971
SO2 NAAQS. In support of this request, ADEQ submitted a
demonstration of how rescission of these provisions from the SIP would
comply with applicable CAA requirements.\11\
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\11\ ``State Implementation Plan Revision; Miami SO2
Nonattainment Area Demonstration of Compliance with Clean Air Act
Sections 110(l) and 193 for the 2010 SO2 National Ambient
Air Quality Standards,'' dated February 27, 2020.
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II. The EPA's Evaluation and Action
A. How is the EPA evaluating the request for rescission?
Once a rule has been approved as part of a SIP, the rescission of
that rule from the SIP constitutes a SIP revision. To approve such a
revision, the EPA must determine whether the revision meets relevant
CAA criteria for stringency, and complies with restrictions on
relaxation of SIP measures under CAA section 110(l), and the General
Savings Clause in CAA section 193 for SIP-approved control requirements
in effect before November 15, 1990.
Stringency: CAA section 172(c)(1) requires that SIPs for
nonattainment areas provide for the implementation of all reasonably
available control measures (RACM), including any reasonably available
control technology (RACT), in order to provide for attainment of the
NAAQS.
Plan Revisions: States must demonstrate that SIP revisions would
not interfere with attainment, reasonable further progress (RFP) or any
other applicable requirement of the CAA under the provisions of CAA
section 110(l). Therefore, consistent with CAA section 110(l)
requirements, ADEQ must demonstrate that the rescission of R18-2-
715(F)(2) and (H) from the SIP would not interfere with attainment and
RFP of the NAAQS or any other applicable CAA requirement.
General Savings Clause: CAA section 193 prohibits the modification
of any control requirement in effect, or required to be adopted by an
order, settlement agreement or plan in effect before November 15, 1990,
in areas designated as nonattainment for an air pollutant unless the
modification ensures equivalent or greater emission reductions of the
relevant pollutant.
B. Does the rule rescission meet the evaluation criteria?
The EPA previously determined that R18-2-C1302 and the Miami
SO2 attainment plan meet the requirements for RACM/RACT for
the Miami 2010 SO2 nonattainment area.\12\ We have also
found that the emissions limits in R18-2-C1302 are more stringent than
those in R18-2-715.\13\ In particular, the 30-day rolling average
emission limit of 142.45 pounds per hour (lb/hr) in R18-2-C1302(C),
which covers both stack and fugitive emissions, is far more stringent
than the annual average limit of 2,420 lb/hr for combined stack and
fugitive emissions in R18-2-715(H). The 142.45 lb/hr limit in R18-2-
C1302 is also clearly more stringent than annual average emission limit
of 604 lb/hr and 3-hour limits of 712--8,678 lb/hr for stack emissions
in R18-2-715(F)(2).
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\12\ EPA, ``Technical Support Document for the EPA's Rulemaking
for the Arizona State Implementation Plan; Arizona Administrative
Code, Title 18, Chapter 2, Article 13, Part B--Hayden, Arizona,
Planning Area, R18-2-B1302--Limits on SO2 Emissions from
the Hayden Smelter,'' April 2020 (``Rule B1302 TSD''), 10 -12; 84 FR
8813, March 12, 2019.
\13\ Rule B1302 TSD, 12-13.
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We also note that while ADEQ is not requesting rescission of the
compliance and monitoring requirements in R18-2-715.01, the removal of
R18-2-715(F)(2) and (H) from the SIP would effectively render the
provisions of R18-2-715.01 inapplicable to the Miami smelter.\14\ We
find that the nullification of these provisions with respect to the
Miami smelter would not interfere with any CAA requirements because the
Miami smelter is already required to comply with the more prescriptive
requirements for compliance and monitoring in R18-2-C1302(E).
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\14\ The Hayden Smelter will remain subject to the applicable
requirements of both R18-2-715 and R18-2-715.01 until we take action
to remove those requirements from the SIP or approve the
transitional provisions in A.A.C. R18-2-715(I) and R18-2-715.01(V)
into the SIP.
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For the foregoing reasons, we propose to find that the rescission
of R18-2-715(F)(2) and (H) from the Arizona SIP would not interfere
with any CAA requirements and would therefore comply with CAA section
110(l). We also propose to find that our prior approval of R18-2-C1302
ensures equivalent or greater emission reductions of SO2
than the rescission of R18-2-715(F)(2) and (H) and therefore satisfies
the requirements of CAA section 193.
C. Public Comment and Proposed Action
As authorized in section 110(k)(3) of the Act, the EPA proposes to
approve the rescission of R18-2-715(F)(2) and (H) from the Arizona SIP
because these provisions are no longer needed to meet any CAA
requirement and rescission would comply with CAA sections 110(l) and
193. We will accept comments from the public on this proposal until
April 2, 2021. If we take final action to approve the rule rescission,
our final action will rescind these provisions from the federally
enforceable SIP.
[[Page 12312]]
III. Incorporation by Reference
In this document, the EPA is proposing to amend regulatory text
that includes incorporation by reference. The EPA is proposing to
remove R18-2-715(F)(2) and (H) as described in Table 1 of this preamble
from the Arizona State Implementation Plan, which is incorporated by
reference in accordance with the requirements of 1 CFR part 51.
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 Clean Air Act. Accordingly,
this proposed action merely proposes to approve state law as meeting
federal requirements and does not impose additional requirements beyond
those imposed by state law. For that reason, this proposed 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);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
Does not provide the EPA with the discretionary authority
to address 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).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Reporting and recordkeeping
requirements, Sulfur dioxide.
Authority: 42 U.S.C. 7401 et seq.
Dated: February 18, 2021.
Deborah Jordan,
Acting Regional Administrator, Region IX.
[FR Doc. 2021-03753 Filed 3-2-21; 8:45 am]
BILLING CODE 6560-50-P