[Federal Register Volume 81, Number 120 (Wednesday, June 22, 2016)]
[Rules and Regulations]
[Pages 40525-40527]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-14669]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2015-0187; FRL-9948-01-Region 9]
Limited Disapproval of Air Plan Revisions; Arizona; New Source
Review; PM2.5
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is finalizing a
limited disapproval of a revision to the Arizona Department of
Environmental Quality (ADEQ) portion of the Arizona State
Implementation Plan (SIP) under the Clean Air Act (CAA or Act). This
ADEQ-submitted SIP revision primarily was intended to serve as a
replacement of ADEQ's SIP-approved rules for the issuance of New Source
Review (NSR) permits for stationary sources, including but not limited
to the rules governing the review and permitting of major sources and
major modifications under the Act. This action concerns only the major
nonattainment NSR provisions in ADEQ's submittal as they pertain to the
Nogales and West Central Pinal nonattainment areas for particulate
matter with a diameter of 2.5 micrometers or less (PM2.5).
The EPA previously finalized a limited approval for these
PM2.5 nonattainment areas related to certain major
nonattainment NSR permitting requirements for PM2.5 under
the CAA. We subsequently proposed a limited disapproval for these
PM2.5 nonattainment areas to set the stage for remedying
certain deficiencies related to these nonattainment NSR permitting
requirements for PM2.5, and this action finalizes this
limited disapproval.
DATES: This rule will be effective on July 22, 2016.
ADDRESSES: The EPA has established docket number EPA-R09-OAR-2015-0187
for this action. Generally, documents in the docket for this action are
available electronically at http://www.regulations.gov or in hard copy
at EPA Region IX, 75 Hawthorne Street, San Francisco, California 94105-
3901. While all documents in the docket are listed at http://www.regulations.gov, some information may be publicly available only at
the hard copy location (e.g., copyrighted material, large maps, multi-
volume reports), and some may not be available in either location
(e.g., confidential business information (CBI)). To inspect the hard
copy materials, please schedule an appointment during normal business
hours with the contact listed in the FOR FURTHER INFORMATION CONTACT
section.
FOR FURTHER INFORMATION CONTACT: Lisa Beckham, EPA Region IX, (415)
972-3811, [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to the EPA.
Table of Contents
I. Proposed Action
II. Public Comments and EPA Responses
III. EPA Action
IV. Statutory and Executive Order Reviews
I. Proposed Action
On May 2, 2016, the EPA proposed a limited disapproval of the major
nonattainment NSR portion of ADEQ's NSR SIP submittal for
PM2.5 as it pertains to the requirements of CAA section
189(e). See 81 FR 26185. ADEQ's NSR SIP submittal generally includes
requirements for the PM2.5
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nonattainment NSR program for major sources consistent with the
provisions promulgated in the EPA's 2008 NSR PM2.5 Rule.
Specifically, ADEQ's NSR SIP submittal includes the PM2.5
significant emission rates at R18-2-101(130), regulation of certain
PM2.5 precursors (SO2 and NOX) at R18-
2-101(130), the regulation of PM10 and PM2.5
condensable emissions at R18-2-101(122)(f), and the emissions offset
requirements at R18-2-403(A)(3). The EPA approved these provisions into
ADEQ's SIP as part of a limited approval and limited disapproval, and
other actions, on November 2, 2015 (80 FR 67319). At that time, we did
not determine that the submittal fully addressed section 189(e) in
title I, Part D, subpart 4 of the Act, related to NSR permitting
requirements for PM2.5 for major stationary sources in
PM2.5 nonattainment areas, and instead finalized a limited
approval related to the requirements of subpart 4 based on this issue.
For PM2.5 nonattainment areas, CAA section 189(e)
requires that the control requirements applicable under plans in effect
under part D of the CAA for major stationary sources of
PM2.5 also apply to major stationary sources of
PM2.5 precursors, except where the Administrator determines
that such sources do not contribute significantly to PM2.5
levels that exceed the standards in the area. In our May 2, 2016
proposed action, we proposed to determine that ADEQ's NSR SIP submittal
does not fully satisfy the major nonattainment NSR requirements for
PM2.5 under section 189(e) of the Act for the Nogales and
West Central Pinal PM2.5 nonattainment areas, based on our
finding that the submittal does not include rules regulating VOCs or
ammonia as PM2.5 precursors under the major source
nonattainment NSR program, nor does it include a demonstration showing
that the regulation of VOCs and ammonia is not necessary under section
189(e).
The preamble in the Federal Register notification for our proposed
action contains more information on the basis for this rulemaking and
on our evaluation of the submittal.
II. Public Comments and EPA Responses
The EPA's May 2, 2016 proposed action provided a 30-day public
comment period. During this period, we did not receive any comments on
our proposal.
III. EPA Action
No comments were submitted on our proposed action. Therefore, as
authorized in sections 110(k) of the Act, the EPA is finalizing a
limited disapproval of the ADEQ NSR SIP submittal for the Nogales and
West Central Pinal PM2.5 nonattainment areas under section
189(e) of the Act related to PM2.5 precursors.
As a result of this final action, the EPA must promulgate a federal
implementation plan (FIP) under section 110(c) to address the
deficiencies that are the subject of this action unless we approve
subsequent SIP revisions that correct the deficiencies within 24
months. In addition, sanctions will be imposed unless the EPA approves
subsequent SIP revisions that correct these deficiencies within 18
months of the effective date of this action. These sanctions would be
imposed under section 179 of the Act and 40 CFR 52.31.
IV. Statutory and Executive Order Reviews
Additional information about these statutes and Executive Orders
can be found at http://www2.epa.gov/laws-regulations/laws-and-executive-orders.
A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review
This action is not a significant regulatory action and was
therefore not submitted to the Office of Management and Budget (OMB)
for review.
B. Paperwork Reduction Act (PRA)
This action does not impose an information collection burden under
the PRA because this action does not impose additional requirements
beyond those imposed by state law.
C. Regulatory Flexibility Act (RFA)
I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA. This
action will not impose any requirements on small entities beyond those
imposed by state law.
D. Unfunded Mandates Reform Act (UMRA)
This action does not contain any unfunded mandate as described in
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect
small governments. This action does not impose additional requirements
beyond those imposed by state law. Accordingly, no additional costs to
State, local, or tribal governments, or to the private sector, will
result from this action.
E. Executive Order 13132: Federalism
This action does not have federalism implications. It will not have
substantial direct effects on the states, on the relationship between
the national government and the states, or on the distribution of power
and responsibilities among the various levels of government.
F. Executive Order 13175: Coordination With Indian Tribal Governments
This action does not have tribal implications, as specified in
Executive Order 13175, because the SIP is not approved to apply on any
Indian reservation land or in any other area where the EPA or an Indian
tribe has demonstrated that a tribe has jurisdiction, and will not
impose substantial direct costs on tribal governments or preempt tribal
law. Thus, Executive Order 13175 does not apply to this action.
G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks
The EPA interprets Executive Order 13045 as applying only to those
regulatory actions that concern environmental health or safety risks
that the EPA has reason to believe may disproportionately affect
children, per the definition of ``covered regulatory action'' in
section 2-202 of the Executive Order. This action is not subject to
Executive Order 13045 because it does not impose additional
requirements beyond those imposed by state law.
H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use
This action is not subject to Executive Order 13211, because it is
not a significant regulatory action under Executive Order 12866.
I. National Technology Transfer and Advancement Act (NTTAA)
Section 12(d) of the NTTAA directs the EPA to use voluntary
consensus standards in its regulatory activities unless to do so would
be inconsistent with applicable law or otherwise impractical. The EPA
believes that this action is not subject to the requirements of section
12(d) of the NTTAA because application of those requirements would be
inconsistent with the CAA.
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J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Population
The EPA lacks the discretionary authority to address environmental
justice in this rulemaking.
K. Congressional Review Act (CRA)
This action is subject to the CRA, and the EPA will submit a rule
report to each House of the Congress and to the Comptroller General of
the United States. This action is not a ``major rule'' as defined by 5
U.S.C. 804(2).
L. Petitions for Judicial Review
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by August 22, 2016. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule for the purposes of judicial
review nor does it extend the time within which a petition for judicial
review may be filed, and shall not postpone the effectiveness of such
rule or action. This action may not be challenged later in proceedings
to enforce its requirements (see section 307(b)(2)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and recordkeeping requirements, Sulfur
oxides, Volatile organic compounds.
Dated: June 13, 2016.
Alexis Strauss,
Acting Regional Administrator, Region IX.
[FR Doc. 2016-14669 Filed 6-21-16; 8:45 am]
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