[Federal Register Volume 83, Number 87 (Friday, May 4, 2018)]
[Rules and Regulations]
[Pages 19631-19637]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-09205]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2017-0255; FRL-9977-23--Region 9]
Air Plan Approval; Arizona; Stationary Sources; New Source Review
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve revisions to the Arizona Department of Environmental
Quality (ADEQ) portion of the applicable Clean Air Act (CAA or Act)
state implementation plan (SIP) for the State of Arizona (State). We
are approving revisions that are primarily intended to correct
deficiencies in ADEQ's SIP-approved rules for the issuance of New
Source Review (NSR) permits for stationary sources, with a focus on the
Act's preconstruction permit requirements for major sources and major
modifications. This action also finalizes a conditional approval of
ADEQ's NSR program with respect to the CAA requirements related to
ammonia as a precursor to fine particulate matter (PM2.5)
under the nonattainment NSR (NA-NSR) program requirements in CAA
section 189(e). In addition, this action permanently terminates the
sanctions clock associated with deficiencies being corrected by the
rules being approved today, except that this action continues the
deferral of sanctions under the Act related to PM2.5
precursors under section 189(e) of the Act for the NA-NSR program.
DATES: This rule is effective June 4, 2018.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R09-OAR-2017-0255. All documents in the docket are
listed on the http://www.regulations.gov website. Although listed in
the index, some information is not publicly available, e.g.,
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Certain other material, such as
copyrighted material, is not placed on the internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available through http://www.regulations.gov, or please
contact the person identified in the FOR FURTHER INFORMATION CONTACT
section for additional availability information.
FOR FURTHER INFORMATION CONTACT: Lisa Beckham, EPA Region IX, (415)
972-381, [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to the EPA.
Table of Contents
I. Proposed Actions
II. Public Comments and the EPA's Responses
III. EPA Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Proposed Actions
On June 1, 2017 (82 FR 25213), the EPA proposed to approve the
rules listed in Table 1, below, which were submitted by ADEQ on April
28, 2017 for approval into the ADEQ portion of the Arizona SIP
(hereinafter referred to as the April 2017 NSR submittal). The
submitted rules are from the Arizona Administrative Code, Title 18--
Environmental Quality, Chapter 2--Department of Environmental Quality--
Air Pollution Control, Articles 1 through 4.
[[Page 19632]]
Table 1--Submitted Rules Being Approved Into the Arizona SIP in This
Action
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Rule Title State effective date
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R18-2-101 (except 20)....... Definitions......... March 21, 2017.
R18-2-201................... Particulate Matter: March 21, 2017.
PM10 and PM2.5.
R18-2-203................... Ozone............... March 21, 2017.
R18-2-217................... Designation and March 21, 2017.
Classification of
Attainment Areas.
R18-2-218................... Limitation of March 21, 2017.
Pollutants in
Classified
Attainment Areas.
R18-2-330................... Public Participation March 21, 2017.
R18-2-332................... Stack Height March 21, 2017.
Limitation.
R18-2-401................... Definitions......... March 21, 2017.
R18-2-402................... General............. March 21, 2017.
R18-2-403................... Permits for Sources March 21, 2017.
Located in
Nonattainment Areas.
R18-2-404................... Offset Standards.... March 21, 2017.
R18-2-405................... Special Rule for March 21, 2017.
Major Sources of
VOC or Nitrogen
Oxides in Ozone
Nonattainment Areas
Classified as
Serious or Severe.
R18-2-406................... Permit Requirements March 21, 2017.
for Sources Located
in Attainment and
Unclassifiable
Areas.
R18-2-407................... Air Quality Impact March 21, 2017.
Analysis and
Monitoring
Requirements.
R18-2-408................... Innovative Control March 21, 2017.
Technology.
R18-2-410................... Visibility and Air March 21, 2017.
Quality Related
Value Protection.
R18-2-411................... Permit Requirements March 21, 2017.
for Sources that
Locate in
Attainment or
Unclassifiable
Areas and Cause or
Contribute to a
Violation of Any
National Ambient
Air Quality
Standard.
R18-2-412................... PALs................ March 21, 2017.
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As discussed in our June 1, 2017 proposed action, these rule
revisions are intended to correct deficiencies in ADEQ's SIP-approved
NSR program related to the requirements under both part C (prevention
of significant deterioration or PSD) and part D (NA-NSR) of title I of
the Act, which apply to major stationary sources and major
modifications of such sources. 82 FR 25213. These revisions are
necessary to correct several deficiencies we identified in a 2015 EPA
final rule action to update ADEQ's SIP-approved NSR program, as well as
certain deficiencies with ADEQ's NSR program that were the focus of a
2016 EPA final rule action related to PM2.5 precursors under
the NA-NSR program requirements in CAA section 189(e). See 80 FR 67319
(Nov. 2, 2015) and 81 FR 40525 (June 22, 2016). We proposed to approve
the April 2017 NSR submittal because we determined that the rules in
the submittal complied with the relevant CAA requirements, with one
exception, which ADEQ had indicated that it intended to address with a
later SIP submittal, as discussed further below. Our June 1, 2017
proposed action contains more information on the rules in the April
2017 NSR submittal and our evaluation.
We also stated in our June 1, 2017 proposal that in our final
action, we intended to update 40 CFR 52.144 to clarify that ADEQ has an
approved PSD program, except for greenhouse gases (GHGs),\1\ under
sections 160 through 165 of the Act. We explained that we would also
move the codification of the PSD Federal Implementation Plan (FIP) for
GHGs for Arizona from 40 CFR 52.37 to 40 CFR 52.144, where the State of
Arizona's PSD program approval is listed.
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\1\ ADEQ is currently subject to a Federal Implementation Plan
(FIP) under the PSD program for GHGs because ADEQ has not adopted a
PSD program for the regulation of GHGs. ADEQ's April 2017 NSR
submittal was not intended to correct this program deficiency, as
regulation of GHG emissions is currently prohibited under State law.
See A.R.S. section 49-191.
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The rules in the April 2017 NSR submittal will apply in all areas
and to all stationary sources within Arizona for which ADEQ has CAA
permitting jurisdiction. Currently, ADEQ has permitting jurisdiction
for the following stationary source categories in all areas of Arizona:
Smelting of metal ores, coal-fired electric generating stations,
petroleum refineries, Portland cement plants, and portable sources.
ADEQ also has permitting jurisdiction for major and minor sources in
the following counties: Apache, Cochise, Coconino, Gila, Graham,
Greenlee, La Paz, Mohave, Navajo, Santa Cruz, Yavapai, and Yuma.
Finally, ADEQ has permitting jurisdiction over major sources in Pinal
County \2\ and the Rosemont Copper Mine in Pima County.
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\2\ ADEQ has delegated implementation of the major source
program to the Pinal County Air Quality Control District.
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Table 2 lists the existing rules in the Arizona SIP that would be
superseded or removed from the ADEQ portion of the Arizona SIP as part
of our action. These rules would generally be replaced in the SIP by
the submitted set of rules listed in Table 1.
Table 2--SIP Rules Being Removed From Arizona SIP in This Action
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EPA approval
Rule Title date Federal Register citation
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R9-3-301(I) and (K).............. Installation Permits: 05/05/1982 47 FR 19326
General.
R9-3-304(H)...................... Installation Permits in 05/03/1983 48 FR 19878
Attainment Areas.
R18-2-101........................ Definitions................ 11/23/2014 79 FR 56655
11/2/2015 80 FR 67319
R18-2-201........................ Particulate Matter: PM10 09/23/2014 79 FR 56655
and PM2.5.
R18-2-203........................ Ozone: One-hour Standard 09/23/2014 79 FR 56655
and Eight-hour Averaged
Standard.
R18-2-217........................ Designation and 11/2/2015 80 FR 67319
Classification of
Attainment Areas.
R18-2-218........................ Limitation of Pollutants in 11/2/2015 80 FR 67319
Classified Attainment
Areas.
[[Page 19633]]
R18-2-330........................ Public Participation....... 11/2/2015 80 FR 67319
R18-2-332........................ Stack Height Limitation.... 11/2/2015 80 FR 67319
R18-2-401........................ Definitions................ 11/2/2015 80 FR 67319
R18-2-402........................ General.................... 11/2/2015 80 FR 67319
R18-2-403........................ Permits for Sources Located 11/2/2015 80 FR 67319
in Nonattainment Areas.
R18-2-404........................ Offset Standards........... 11/2/2015 80 FR 67319
R18-2-405........................ Special Rule for Major 11/2/2015 80 FR 67319
Sources of VOC or Nitrogen
Oxides in Ozone
Nonattainment Areas
Classified as Serious or
Severe.
R18-2-406........................ Permit Requirements for 11/2/2015 80 FR 67319
Sources Located in
Attainment and
Unclassifiable Areas.
R18-2-407........................ Air Quality Impact Analysis 11/2/2015 80 FR 67319
and Monitoring
Requirements.
R18-2-412........................ PALs....................... 11/2/2015 80 FR 67319
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Simultaneously with our proposed approval action on June 1, 2017,
we published a related interim final determination to defer sanctions.
82 FR 25203. This interim final determination was based on our proposed
finding that with the April 2017 NSR submittal, the State had satisfied
the requirements of part D of the CAA permitting program for areas
under the jurisdiction of ADEQ with respect to issues that had been
identified as the basis for an earlier final limited disapproval action
on November 2, 2015, under title I, part D of the Act, relating to
requirements for nonattainment areas. See 80 FR 67319 (Nov. 2, 2015).
Subsequently, on January 10, 2018, the EPA supplemented its June 1,
2017 proposal on ADEQ's April 2017 NSR submittal to address the
outstanding requirement that had been identified in the June 1, 2017
proposal. See 83 FR 1212. Specifically, we had found in our June 1,
2017 proposal that while ADEQ's updated NA-NSR program, as reflected in
the April 2017 NSR submittal, included ammonia as a precursor to
PM2.5 in PM2.5 nonattainment areas, the rules in
the April 2017 NSR submittal did not define the term ``significant''
for purposes of applying the requirements of 40 CFR 51.165(a)(13) to
modifications at existing major stationary sources of ammonia located
in a PM2.5 nonattainment area, as required by 40 CFR
51.165(a)(1)(x)(F). ADEQ must address this requirement to fully resolve
the deficiencies in its NA-NSR program related to PM2.5
precursors under the NA-NSR program requirements in CAA section 189(e)
that were identified in our 2016 EPA final rule action. See 81 FR 40525
(June 22, 2016). To address this remaining deficiency, in a letter
dated December 6, 2017, ADEQ committed to adopt certain rule revisions
and/or make other specific demonstrations by March 31, 2019. The EPA
therefore proposed a conditional approval of ADEQ's NA-NSR program
pursuant to CAA section 110(k)(4) solely as it pertains to section
189(e) of the Act and the associated regulatory requirements for
ammonia as a PM2.5 precursor in our supplemental action on
January 10, 2018.
In addition, simultaneously with our proposed conditional approval
action on January 10, 2018, we published an interim final determination
to defer sanctions based on that proposed conditional approval action
and our June 1, 2017 proposed approval action. 83 FR 1995. The EPA made
an interim final determination that the State had satisfied the
requirements of part D of the CAA permitting program for areas under
the jurisdiction of ADEQ with respect to fine particular matter
(PM2.5) precursors under section 189(e). The effect of our
interim final determination that the State has corrected the deficiency
in the permitting program was that the imposition of sanctions that
were triggered by our previous limited disapproval action on June 22,
2016 (at 81 FR 40525) was deferred.
Our June 1, 2017 proposal, our January 10, 2018 supplemental
proposal, and the two accompanying interim final determinations
described above contain more information on the basis for the
determinations we made in these actions.
II. Public Comments and the EPA's Responses
The EPA's proposal and supplemental proposal each provided for a
30-day public comment period. We did not receive any comments during
the public comment period on our June 1, 2017 proposed approval action,
and we received one supportive comment from the Wyoming Department of
Environmental Quality on our concurrent interim final determination to
defer sanctions. We received 12 anonymous comments on our January 10,
2018 supplemental proposal and/or the related interim final
determination to defer sanctions. Commenters on our January 10, 2018
proposal and interim final determination generally raised issues that
are outside of the scope of this rulemaking and interim final
determination, including but not limited to the National Environmental
Policy Act (NEPA), climate science, the Intergovernmental Panel on
Climate Change, the Navajo Generating Station (located on Tribal land),
forest management, wildfire suppression, GHGs and other emissions from
wildfires, and the Cross-State Air Pollution Rule. We also received one
comment that was supportive of ADEQ correcting deficiencies in its
program. The EPA is required to approve a state submittal if the
submittal meets all applicable requirements. 42 U.S.C. 7410(k)(3).
Commenters did not raise any specific issues germane to the
approvability of the April 2017 NSR submittal, which relates to the
permitting of stationary sources, including any issues germane to our
proposal to conditionally approve ADEQ's NA-NSR program pursuant to CAA
section 110(k)(4) solely as it pertains to section 189(e) of the Act
and the associated regulatory requirements for ammonia as a
PM2.5 precursor. Commenters also did not raise any specific
issues germane to our interim final determinations to defer sanctions.
III. The EPA's Action
No comments were submitted that change our assessment of the rules
submitted in the 2017 ADEQ NSR submittal and proposed for approval into
the Arizona SIP as described in our proposed actions, nor were any
comments submitted that change our assessment that certain ADEQ rules
should be removed from the Arizona SIP as discussed in our proposals.
Therefore, as authorized in section 110(k)(3) of the Act, the EPA is
approving the rules in the 2017 ADEQ NSR submittal, as described in
Table 1 above, into the ADEQ portion of the
[[Page 19634]]
Arizona SIP, and the EPA is removing from the Arizona SIP the rules
identified above in Table 2. Also, consistent with our proposal, we are
moving the codification of the PSD FIP for GHGs for Arizona from 40 CFR
52.37 to 40 CFR 52.144, where the State of Arizona's PSD program
approval is listed, and amending the regulatory text in 40 CFR 51.144
to clarify that ADEQ has an approved PSD program, except for GHGs,
under sections 160 through 165 of the Act.
As a result of this final approval action, the offset sanction in
CAA section 179, which would have applied 18 months after the effective
date of our November 2, 2015 limited disapproval action (80 FR 67319),
and the highway funding sanction in CAA section 179, which would have
applied six months after this offset sanction was imposed, are
permanently terminated.
We also received no comments that changed the determinations that
were the basis for our proposed conditional approval action, thus we
are finalizing a conditional approval of ADEQ's NA-NSR program solely
with respect to ammonia as a precursor to PM2.5 under
section 189(e) of the Act pursuant to CAA section 110(k)(4), as
discussed in our supplemental proposal dated January 10, 2018. While we
cannot grant full approval of the submittal at this time with respect
to this issue, ADEQ has satisfactorily committed to address this
deficiency by providing the EPA with a SIP submittal by March 31, 2019
that will include specific rule revisions and/or demonstrations that
would adequately address this issue. If ADEQ submits the rule revisions
and/or demonstrations that it has committed to submit by this deadline,
and the EPA approves the submission, then this deficiency will be
cured. However, if ADEQ fails to submit these revisions and/or
demonstrations within the required timeframe, the conditional approval
will become a disapproval for the specific issue of whether ADEQ's NA-
NSR program meets the requirements of section 189(e) of the Act with
respect to ammonia as a PM2.5 precursor, and the EPA will
issue a finding of disapproval. The EPA is not required to propose the
finding of disapproval.
Further, as a result of our final approval action and our final
conditional approval action with respect to PM2.5 precursors
under section 189(e) of the Act, all sanctions and any sanction clocks
triggered by our 2016 PM2.5 precursor action (81 FR 40525)
continue to be deferred unless at a later date our conditional approval
converts to a disapproval, or the EPA proposes to take or takes final
action to disapprove in whole or in part the SIP submittal that ADEQ is
required to submit to fulfill its commitment in the conditionally
approved plan. Sanctions and sanctions clocks triggered by our 2016
PM2.5 precursor action would be permanently terminated on
the effective date of a final approval of the SIP submittal that ADEQ
submits to fulfill the commitment in the conditionally approved plan.
IV. Incorporation by Reference
In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, the EPA is finalizing the incorporation by reference of the ADEQ
rules described in the amendments to 40 CFR part 52 set forth below.
The EPA has made, and will continue to make, these documents available
through www.regulations.gov and at the EPA Region IX Office (please
contact the person identified in the FOR FURTHER INFORMATION CONTACT
section of this preamble for more information). Therefore, these
materials have been approved by the EPA for inclusion in the Arizona
SIP, have been incorporated by reference by the EPA into that plan, are
fully federally enforceable under sections 110 and 113 of the CAA as of
the effective date of the final rulemaking of the EPA's approval, and
will be incorporated by reference in the next update to the SIP
compilation.\3\
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\3\ 62 FR 27968 (May 22, 1997).
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V. Statutory and Executive Order Reviews
Under the CAA, the EPA 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 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);
Is not an Executive Order 13771 (82 FR 9339, February 3,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (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, as appropriate, disproportionate human health or
environmental effects, using practicable 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).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. The EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a
[[Page 19635]]
``major rule'' as defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by July 3, 2018. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this rule for the purposes of judicial review nor does
it extend the time within which a petition for judicial review may be
filed, and shall not postpone the effectiveness of such rule or action.
This action may not be challenged later in proceedings to enforce its
requirements. (See CAA section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: April 18, 2018.
Alexis Strauss,
Acting Regional Administrator, Region IX.
For the reasons stated in the preamble, part 52, chapter I, title
40 of the Code of Federal Regulations is amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart A--General Provisions
Sec. 52.37 [Removed and Reserved]
0
2. Section 52.37 is removed and reserved.
Subpart D--Arizona
0
3. Section 52.119 is added to read as follows:
Sec. 52.119 Identification of plan--conditional approvals.
This section identifies plan revisions that are conditionally
approved based upon commitments received from the State.
(a) A plan revision for the Arizona Department of Environmental
Quality (ADEQ) submitted April 28, 2017, by the Governor's designee,
updating ADEQ's Clean Air Act (CAA) new source review (NSR) program
only with respect to the CAA requirements related to ammonia as a
precursor to PM2.5 under the nonattainment NSR program
requirements in CAA section 189(e). This plan revision is conditionally
approved as follows:
(1) The conditional approval is based upon the December 6, 2017
commitment from the State to submit a SIP revision to the EPA by March
31, 2019 consisting of rule revisions and/or demonstrations that will
correct the deficiencies identified with this submittal, as specified
in ADEQ's December 6, 2017 commitment letter. If the State fails to
meet its commitment by March 31, 2019, the conditional approval will be
treated as a disapproval only with respect to the CAA requirements
related to ammonia as a precursor to PM2.5 under the
nonattainment NSR program requirements in CAA section 189(e).
(2) [Reserved]
(b) [Reserved]
0
4. In Sec. 52.120, paragraph (c), Table 2 is amended:
0
a. Under Title 9, Chapter 3, by removing the center heading ``Article
3'' and entries ``R9-3-301, paragraphs I and K'' and ``R9-3-304,
paragraph H'';
0
b. Under Title 18, Chapter 2, Article 1, by:
0
i. Removing entries ``R18-2-101, definitions (2), (32), (87), (109),
and (122)'' and ``R18-2-101 excluding definitions (2), (20), (32),
(87), (109), and (122)''; and
0
ii. Adding, in numerical order, the entry ``R18-2-101 (except 20)'';
0
c. Under Title 18, Chapter 2, Article 2, by revising the entries for
``R18-2-201,'' ``R18-2-203,'' ``R18-2-217,'' and ``R18-2-218'';
0
d. Under Title 18, Chapter 2, Article 3, by revising the entries for
``R18-2-330'' and ``R18-2-332''; and
0
e. Under Title 18, Chapter 2, Article 4, by:
0
i. Revising the entries for ``R18-2-401'' through ``R18-2-406'';
0
ii. Removing the entry ``R18-2-407, excluding subsection (H)(1)(c)'';
0
iii. Adding, in numerical order, the entries ``R18-2-407,'' ``R-18-2-
408,'' ``R18-2-410,'' and ``R18-2-411;'' and
0
iv. Revising the entry for ``R18-2-412''.
The addition and revisions read as follows:
Sec. 52.120 Identification of plan.
* * * * *
(c) * * *
Table 2--EPA-Approved Arizona Regulations
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State effective Additional
State citation Title/subject date EPA approval date explanation
----------------------------------------------------------------------------------------------------------------
Arizona Administrative Code
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Title 18 (Environmental Quality)
----------------------------------------------------------------------------------------------------------------
Chapter 2 (Department of Environmental Quality Air Pollution Control)
----------------------------------------------------------------------------------------------------------------
Article 1 (General)
----------------------------------------------------------------------------------------------------------------
R18-2-101 (except 20).......... Definitions........... March 21, 2017... [INSERT Federal Submitted on
Register April 28, 2017.
CITATION], May
4, 2018.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Article 2 (Ambient Air Quality Standards; Area Designations; Classifications)
----------------------------------------------------------------------------------------------------------------
R18-2-201...................... Particulate Matter: March 21, 2017... [INSERT Federal Submitted on
PM10 and PM2.5. Register April 28, 2017.
CITATION], May
4, 2018.
[[Page 19636]]
* * * * * * *
R18-2-203...................... Ozone................. March 21, 2017... [INSERT Federal Submitted on
Register April 28, 2017.
CITATION], May
4, 2018.
* * * * * * *
R18-2-217...................... Designation and March 21, 2017... [INSERT Federal Submitted on
Classification of Register April 28, 2017.
Attainment Areas. CITATION], May
4, 2018.
R18-2-218...................... Limitation of March 21, 2017... [INSERT Federal Submitted on
Pollutants in Register April 28, 2017.
Classified Attainment CITATION], May
Areas. 4, 2018.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Article 3 (Permits and Permit Revisions)
----------------------------------------------------------------------------------------------------------------
* * * * * * *
R18-2-330...................... Public Participation.. March 21, 2017... [INSERT Federal Submitted on
Register April 28, 2017.
CITATION], May
4, 2018.
R18-2-332...................... Stack Height March 21, 2017... [INSERT Federal Submitted on
Limitation. Register April 28, 2017.
CITATION], May
4, 2018.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Article 4 (Permit Requirements for New Major Sources and Major Modifications to Existing Major Sources)
----------------------------------------------------------------------------------------------------------------
R18-2-401...................... Definitions........... March 21, 2017... [INSERT Federal Submitted on
Register April 28, 2017.
CITATION], May
4, 2018.
R18-2-402...................... General............... March 21, 2017... [INSERT Federal Submitted on
Register April 28, 2017.
CITATION], May
4, 2018.
R18-2-403...................... Permits for Sources R18-2-403........ [INSERT Federal Submitted on
Located in Register April 28, 2017.
Nonattainment Areas. CITATION], May
4, 2018.
R18-2-404...................... Offset Standards...... March 21, 2017... [INSERT Federal Submitted on
Register April 28, 2017.
CITATION], May
4, 2018.
R18-2-405...................... Special Rule for Major March 21, 2017... [INSERT Federal Submitted on
Sources of VOC or Register April 28, 2017.
Nitrogen Oxides in CITATION], May
Ozone Nonattainment 4, 2018.
Areas Classified as
Serious or Severe.
R18-2-406...................... Permit Requirements March 21, 2017... [INSERT Federal Submitted on
for Sources Located Register April 28, 2017.
in Attainment and CITATION], May
Unclassifiable Areas. 4, 2018.
R18-2-407...................... Air Quality Impact March 21, 2017... [INSERT Federal Submitted on
Analysis and Register April 28, 2017.
Monitoring CITATION], May
Requirements. 4, 2018.
R18-2-408...................... Innovative Control March 21, 2017... [INSERT Federal Submitted on
Technology. Register April 28, 2017.
CITATION], May
4, 2018.
* * * * * * *
R18-2-410...................... Visibility and Air March 21, 2017... [INSERT Federal Submitted on
Quality Related Value Register April 28, 2017.
Protection. CITATION], May
4, 2018.
R18-2-411...................... Permit Requirements March 21, 2017... [INSERT Federal Submitted on
for Sources that Register April 28, 2017.
Locate in Attainment CITATION], May
or Unclassifiable 4, 2018.
Areas and Cause or
Contribute to a
Violation of Any
National Ambient Air
Quality Standard.
R18-2-412...................... PALs.................. March 21, 2017... [INSERT Federal Submitted on
Register April 28, 2017.
CITATION], May
4, 2018.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
[[Page 19637]]
* * * * *
0
5. Section 52.144 is amended by adding paragraph (c) to read as
follows:
Sec. 52.144 Significant deterioration of air quality.
* * * * *
(c) The requirements of sections 160 through 165 of the Clean Air
Act are met as they apply to stationary sources under the jurisdiction
of the Arizona Department of Environmental Quality (ADEQ), except with
respect to emissions of greenhouse gases (GHGs) (as defined in Sec.
52.21(b)(49)(i)). Therefore, the provisions of Sec. 52.21, except
paragraph (a)(1) of this section, for GHGs are hereby made a part of
the plan for stationary sources under the jurisdiction of ADEQ as it
applies to the stationary sources described in Sec. 52.21(b)(49)(iv).
[FR Doc. 2018-09205 Filed 5-3-18; 8:45 am]
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