82_FR_25317 82 FR 25213 - Air Plan Approval; Arizona; Stationary Sources; New Source Review

82 FR 25213 - Air Plan Approval; Arizona; Stationary Sources; New Source Review

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 82, Issue 104 (June 1, 2017)

Page Range25213-25221
FR Document2017-10946

The Environmental Protection Agency (EPA) is proposing approval of regulatory revisions to the Arizona Department of Environmental Quality (ADEQ) portion of the applicable state implementation plan (SIP) for the State of Arizona. These revisions are primarily intended to make corrections to ADEQ's SIP-approved rules for the issuance of New Source Review (NSR) permits for stationary sources, with a focus on preconstruction permit requirements under the Clean Air Act (CAA or Act) for major sources and major modifications. On November 2, 2015, we took final action on a SIP submittal from ADEQ that significantly updated ADEQ's SIP-approved NSR permitting program. However, that action identified several deficiencies in ADEQ's program that needed to be corrected. This proposed action will correct a substantial portion of the deficiencies we identified in that 2015 action. We are seeking comment on our proposed action and plan to follow with a final action.

Federal Register, Volume 82 Issue 104 (Thursday, June 1, 2017)
[Federal Register Volume 82, Number 104 (Thursday, June 1, 2017)]
[Proposed Rules]
[Pages 25213-25221]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-10946]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2017-0255; FRL-9963-08-Region 9]


Air Plan Approval; Arizona; Stationary Sources; New Source Review

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing 
approval of regulatory revisions to the Arizona Department of 
Environmental Quality (ADEQ) portion of the applicable state 
implementation plan (SIP) for the State of Arizona. These revisions are 
primarily intended to make corrections to ADEQ's SIP-approved rules for 
the issuance of New Source Review (NSR) permits for stationary sources, 
with a focus on preconstruction permit requirements under the Clean Air 
Act (CAA or Act) for major sources and major modifications. On November 
2, 2015, we took final action on a SIP submittal from ADEQ that 
significantly updated ADEQ's SIP-approved NSR permitting program. 
However, that action identified several deficiencies in ADEQ's program 
that needed to be corrected. This proposed action will correct a 
substantial portion of the deficiencies we identified in that 2015 
action. We are seeking comment on our proposed action and plan to 
follow with a final action.

DATES: Any comments must arrive by July 3, 2017.

ADDRESSES: Submit comments, identified by Docket ID No. EPA-R09-OAR-
2017-0255, at http://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 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.

FOR FURTHER INFORMATION CONTACT: Lisa Beckham, EPA Region 9, (415) 972-
3811, [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document, the terms ``we,'' 
``us,'' and ``our'' refer to the EPA.

Table of Contents

I. The State's Submittal
    A. Which rules did the State submit?
    B. Are there previous versions of the rules in the Arizona SIP?
    C. What is the purpose of the EPA's proposed rule?
II. The EPA's Evaluation
    A. How is the EPA evaluating the State's rules?
    B. Do the rules meet the evaluation criteria?
    C. Review of Rules Requested To Be Removed From the SIP
    D. Remaining NSR Deficiencies
    E. Federal Implementation Plan for GHGs and ADEQ's PSD Program
    F. The EPA's Recommendations To Further Improve the State's 
Rules
    G. Do the rules meet the evaluation criteria under Sections 
110(l) and 193 of the Clean Air Act?

[[Page 25214]]

    H. Conclusion
III. Public Comment and Proposed Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

Definitions

    For this document, we are giving meaning to certain words or 
initials as follows:
    (i) The words or initials Act or CAA mean or refer to the Clean Air 
Act, unless the context indicates otherwise.
    (ii) The initials ADEQ mean or refer to the Arizona Department of 
Environmental Quality.
    (iii) The initials A.R.S. mean or refer to the Arizona Revised 
Statutes.
    (iv) The initials BACT mean or refer to Best Available Control 
Technology.
    (v) The initials CFR mean or refer to Code of Federal Regulations.
    (vi) The words EPA, we, us or our mean or refer to the United 
States Environmental Protection Agency.
    (vii) The initials FIP mean or refer to Federal Implementation 
Plan.
    (viii) The initials GHG mean or refer to greenhouse gas.
    (ix) The initials IBR mean or refer to incorporation by reference.
    (x) The initials NAAQS mean or refer to National Ambient Air 
Quality Standards.
    (xi) The initials NA-NSR mean or refer to Nonattainment New Source 
Review.
    (xii) The initials NSR mean or refer to New Source Review.
    (xiii) The initials PAL mean or refer to Plantwide Applicability 
Limits.
    (xiv) The initials PM10 mean or refer to particulate matter with an 
aerodynamic diameter of less than or equal to 10 micrometers (coarse 
particulate matter).
    (xv) The initials PM2.5 mean or refer to particulate matter with an 
aerodynamic diameter of less than or equal to 2.5 micrometers (fine 
particulate matter).
    (xvi) The initials PSD mean or refer to Prevention of Significant 
Deterioration.
    (xvii) The initials SIP mean or refer to State Implementation Plan.
    (xviii) The initials SMC mean or refer to significant monitoring 
concentration.
    (xix) The words State or Arizona mean the State of Arizona, unless 
the context indicates otherwise.
    (xx) The initials TSD mean or refer to the technical support 
document for this action.
    (xxi) The initials VOC mean or refer to volatile organic compound.

I. The State's Submittals

A. Which rules did the State submit?

    On April 28, 2017, ADEQ submitted regulatory revisions for the ADEQ 
portion of the Arizona SIP to the EPA. This SIP revision submittal, 
which is the subject of this action and is referred to herein as the 
``April 2017 NSR submittal,'' contains revisions to ADEQ's 
preconstruction review and permitting program requirements. These 
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 (nonattainment new 
source review or NA-NSR) of title I of the Act, which apply to major 
stationary sources and major modifications of such sources. The 
preconstruction review and permitting programs are often collectively 
referred to as ``New Source Review'' or NSR.
    Table 1 lists the rules in the April 2017 NSR submittal, all of 
which we are proposing for SIP approval in this action, along with the 
rules' effective dates under State law. 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.

                          Table 1--Submitted Rules Proposed for Approval in This Action
----------------------------------------------------------------------------------------------------------------
                   Rule                                   Title                      State effective date
----------------------------------------------------------------------------------------------------------------
R18-2-101 (except 20).....................  Definitions.....................  March 21, 2017.
R18-2-201.................................  Particulate Matter: PM10 and      March 21, 2017.
                                             PM2.5.
R18-2-203.................................  Ozone...........................  March 21, 2017.
R18-2-217.................................  Designation and Classification    March 21, 2017.
                                             of Attainment Areas.
R18-2-218.................................  Limitation of Pollutants in       March 21, 2017.
                                             Classified Attainment Areas.
R18-2-330.................................  Public Participation............  March 21, 2017.
R18-2-332.................................  Stack Height Limitation.........  March 21, 2017.
R18-2-401.................................  Definitions.....................  March 21, 2017.
R18-2-402.................................  General.........................  March 21, 2017.
R18-2-403.................................  Permits for Sources Located in    March 21, 2017.
                                             Nonattainment Areas.
R18-2-404.................................  Offset Standards................  March 21, 2017.
R18-2-405.................................  Special Rule for Major Sources    March 21, 2017.
                                             of VOC or Nitrogen Oxides in
                                             Ozone Nonattainment Areas
                                             Classified as Serious or Severe.
R18-2-406.................................  Permit Requirements for Sources   March 21, 2017.
                                             Located in Attainment and
                                             Unclassifiable Areas.
R18-2-407.................................  Air Quality Impact Analysis and   March 21, 2017.
                                             Monitoring Requirements.
R18-2-408.................................  Innovative Control Technology...  March 21, 2017.
R18-2-410.................................  Visibility and Air Quality        March 21, 2017.
                                             Related Value Protection.
R18-2-411.................................  Permit Requirements for Sources   March 21, 2017.
                                             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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On May 9, 2017, ADEQ's April 2017 NSR submittal was determined to meet 
the completeness criteria in 40 CFR part 51, appendix V, which must be 
met before formal EPA review.
    The proposed revisions will apply to all areas and sources of 
Arizona where ADEQ has 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

[[Page 25215]]

County \1\ and the Rosemont Copper Mine in Pima County.
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    \1\ ADEQ has delegated implementation of the major source 
program to the Pinal County Air Quality Control District.
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B. Are there previous versions of the rules in the Arizona SIP?

    Table 2 lists the existing rules in the Arizona SIP that would be 
superseded or removed from the Arizona SIP as part of our proposed 
action. If the EPA were to take final action as proposed herein, these 
rules generally would be replaced in the SIP by the submitted set of 
rules listed in Table 1.

                     Table 2--SIP Rules Proposed for Removal From Arizona SIP in This Action
----------------------------------------------------------------------------------------------------------------
                                                                  EPA approval
                 Rule                            Title                date          Federal Register citation
----------------------------------------------------------------------------------------------------------------
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:          09/23/2014  79 FR 56655
                                         PM10 and PM2.5.
R18-2-203.............................  Ozone: One-hour              09/23/2014  79 FR 56655
                                         Standard 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                 11/2/2015  80 FR 67319
                                         Pollutants in
                                         Classified Attainment
                                         Areas.
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           11/2/2015  80 FR 67319
                                         Located 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            11/2/2015  80 FR 67319
                                         Analysis and
                                         Monitoring
                                         Requirements.
R18-2-412.............................  PALs...................       11/2/2015  80 FR 67319
----------------------------------------------------------------------------------------------------------------

C. What is the purpose of the EPA's proposed rule?

    The purpose of this proposed rule is to propose to update the 
Arizona SIP by approving the rule revisions submitted in ADEQ's 2017 
NSR submittal, to discuss the basis for our proposed approval action, 
and to provide notice of and seek public comment on our proposed 
action. We present our evaluation of the rules submitted by ADEQ in its 
April 2017 NSR submittal, which are identified in Table 1 above, as 
compared with applicable requirements under the CAA and EPA 
regulations, particularly with respect to the PSD and NA-NSR 
requirements applicable to major sources and major modifications. We 
provide our reasoning in general terms below, and include our more 
detailed analysis in the Technical Support Document for this action 
(TSD), which is available in the docket for this proposed rulemaking. 
This proposed rule also discusses our proposal to approve ADEQ's 
request that we remove older, outdated rules from the Arizona SIP and 
our rationale for doing so.

II. The EPA's Evaluation

A. How is the EPA evaluating the State's rules?

    The EPA has reviewed the provisions submitted for SIP approval by 
ADEQ that are the subject of this action for compliance with the CAA's 
general requirements for SIPs in CAA section 110(a)(2), EPA's 
regulations for stationary source permitting programs in 40 CFR part 
51, subpart I, and the CAA requirements for SIP revisions in CAA 
section 110(l) and 193.
    With respect to procedures, CAA sections 110(a) and 110(l) require 
that revisions to a SIP be adopted by the state after reasonable notice 
and public hearing. EPA has promulgated specific procedural 
requirements for SIP revisions in 40 CFR part 51, subpart F. These 
requirements include publication of notices, by prominent advertisement 
in the relevant geographic area, a public comment period of at least 30 
days, and an opportunity for a public hearing. Based on our review of 
the public process documentation included in the April 2017 NSR 
submittal, we find that ADEQ has provided sufficient evidence of public 
notice and opportunity for comment and public hearing prior to adoption 
and submittal of these rules to the EPA.
    With respect to substantive requirements, we have reviewed the ADEQ 
provisions that are the subject of our current action in accordance 
with the CAA and applicable regulatory requirements, focusing primarily 
on those that apply to PSD permit programs under part C of title I of 
the Act and Nonattainment NSR permit programs under part D of title I 
of the Act. The submitted rules are intended to correct a substantial 
portion of the deficiencies in ADEQ's NSR program that we identified in 
our November 2, 2015 final action and a separate June 22, 2016 final 
action issued by the EPA, discussed below.
    On November 2, 2015 (80 FR 67319), the EPA published a final 
limited approval and limited disapproval of revisions to the ADEQ 
portion of the Arizona SIP (referred to hereinafter as ``our 2015 NSR 
action'').\2\ Our 2015 NSR action updated ADEQ's SIP-approved NSR 
permitting program, but identified deficiencies that need to be 
corrected for the EPA to grant full approval of ADEQ's NSR program. 
Thus, our 2015 NSR action would trigger an obligation on the EPA to 
promulgate a Federal Implementation Plan (FIP) to address the 
deficiencies that were the basis for our limited disapproval action 
unless the State of Arizona corrects the

[[Page 25216]]

deficiencies, and the EPA approves the related plan revisions, within 
two years of that final action. In addition, to avoid sanctions under 
section 179 of the Act, ADEQ has 18 months from December 2, 2015, the 
effective date of our 2015 NSR action, to correct those deficiencies 
related to part D of title I of the Act.
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    \2\ We also finalized other actions, which included a partial 
disapproval related to the fine particulate matter 
(PM2.5) significant monitoring concentration, and limited 
approvals, without corresponding limited disapprovals, related to 
section 189(e) of the Act.
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    On June 22, 2016 (81 FR 40525), the EPA also published a separate 
but related final limited disapproval action for ADEQ's NA-NSR program, 
as ADEQ's program did not fully address fine particulate matter 
(PM2.5) precursors as required by section 189(e) of the Act 
(referred to hereinafter as ``our 2016 PM2.5 precursor 
action''). This action triggered an obligation on the EPA to promulgate 
a FIP to address this deficiency unless the State of Arizona corrects 
the deficiency, and the EPA approves the related plan revisions, within 
two years of the final action. In addition, to avoid sanctions under 
section 179 of the Act, ADEQ has 18 months from the July 22, 2016 
effective date of our 2016 PM2.5 precursor action to correct 
the deficiency as it relates to part D of title I of the Act.

B. Do the rules meet the evaluation criteria?

    Please see our 2015 NSR action, including our proposed action on 
March 18, 2015 (80 FR 14044), for a detailed discussion of the approval 
criteria for the NSR program and how ADEQ's NSR rules reviewed in that 
action generally meet the approval criteria despite certain 
deficiencies that require correction for the EPA to fully approve 
ADEQ's NSR program. In this action, we are focusing our review on the 
revisions that ADEQ made to correct the deficiencies we identified in 
our 2015 NSR action and our 2016 PM2.5 precursor action. We 
also reviewed other revisions ADEQ made in the rules submitted in 
ADEQ's April 2017 NSR action to ensure that the revised language was 
consistent with applicable requirements of the Act and EPA regulations.
    We are proposing approval of ADEQ's 2017 NSR submittal because it 
would correct numerous deficiencies and is otherwise consistent with 
the requirements for NSR programs and the Act. If approved, this action 
would not correct all the deficiencies in ADEQ's NSR program previously 
identified by the EPA, but it would correct those deficiencies that 
would potentially lead to sanctions under section 179 of the Act 
because of our 2015 NSR action. ADEQ expects to correct the remaining 
deficiencies in a subsequent SIP submittal. Our detailed analysis of 
ADEQ's 2017 NSR submittal is provided in the TSD for this action. Here 
we briefly discuss the previously identified deficiencies that this 
action, if finalized, would correct.
1. Deficiencies Corrected Related to Public Availability of Information
    In our 2015 NSR action, we found that ADEQ's NSR program did not 
ensure, for all sources subject to NSR review, that certain 
requirements related to public availability of information were met. 
Specifically, ADEQ's program did not ensure that the information 
submitted by the owner or operator and ADEQ's analysis of effects of 
air quality would be available for public inspection in at least one 
location in the affected area. See 40 CFR 51.161(b)(1). To address this 
deficiency, ADEQ revised its public notice requirements to ensure that 
the necessary documents will be available for public inspection in the 
``area affected'' by the action, including the Director's analysis of 
the effects on ambient air quality. See revised R18-2-330(D) and (F).
2. Deficiencies Corrected Related to Stack Height Provisions
    Regarding requirements for stack heights and good engineering 
practice, in our 2015 NSR action, we found that ADEQ's NSR program did 
not adequately address the following requirements. First, we found that 
ADEQ's NSR program did not meet the public hearing requirements in 40 
CFR 51.164 and 51.118(a) because the referenced procedures were not in 
the SIP or submitted for SIP approval. ADEQ addressed this issue by 
revising R18-2-332 to reference the SIP-approved public notice 
requirements in R18-2-330. See revised R18-2-332(E). We found that 
ADEQ's rules did not contain language that met the exception to the 
stack height provisions provided in 40 CFR 51.118(b). In addition, R18-
2-332 incorrectly referenced July 1, 1975 instead of July 1, 1957. 
ADEQ's current SIP submittal has corrected these deficiencies; see 
revised R18-2-332(B)(1) and (B)(2). We also determined that ADEQ's NSR 
program did not contain a requirement that owners or operators seeking 
to rely on the equation in 40 CFR 51.100(ii)(2)(i) produce evidence 
that the equation was relied on in establishing an emission limitation. 
ADEQ's currently submitted rules have added this requirement; see 
revised R18-2-332(C)(2)(a). Finally, ADEQ's NSR program previously 
contained a provision at R18-2-332(D) which provided additional 
provisions for sources ``seeking credit because of plume impaction 
which results in concentrations in violation of national ambient air 
quality standards or applicable maximum allowable increases.'' This 
provision is not contained in the federal regulations and appeared to 
allow for the use of stack heights beyond good engineering practice 
(GEP) stack height, as defined in 40 CFR 51.100(ii), which we 
identified as a deficiency in our 2015 NSR action. ADEQ has now 
addressed this deficiency by removing this provision from R18-2-332.
3. Deficiencies Corrected Related to the CAA NA-NSR Program
    In our 2015 NSR action, we found that ADEQ's NSR program often 
referred to Articles 9 and/or 11 of ADEQ's regulations where the 
federal regulations refer to 40 CFR part 60, 61, or 63; or, similarly, 
sections 111 or 112 of the Act (see 40 CFR 51.165(a)(1)(xiii)--lowest 
achievable emission rate, and (a)(1)(xl)--best available control 
technology).\3\ Articles 9 and 11 are where ADEQ incorporates by 
reference the federal regulations in 40 CFR parts 60, 61, and 63 (which 
the EPA implements under sections 111 and 112 of the Act). However, 
these Articles were not in the SIP, had not been submitted for SIP 
approval, and did not necessarily contain provisions equivalent to all 
the subparts in parts 60, 61, and 63. In its current submittal, ADEQ 
has revised its rules to remove the references to Article 9 and 11 and 
instead reference the requirements in 40 CFR part 60, 61, or 63; 
sections 111 and 112; and/or the new source performance standard or 
national emission standards for hazardous air pollutants. See the 
revised R18-2-101(21), R18-2-401(11) and R18-2-406(A)(4).
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    \3\ Our 2015 NSR action also identified the definition for 
``regulated NSR pollutant'' in 40 CFR 51.165(a)(1)(xxxvii) as being 
part of this deficiency. However, upon further review, that 
determination was in error as the federal definition does not 
reference part 60, 61, 63 or sections 111 and 112 of the Act.
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    We also determined in our 2015 NSR action that ADEQ's SIP-approved 
NSR rules governing nonattainment NSR contained several definitions 
that were not at least as stringent as the corresponding federal 
definition. In its April 2017 NSR submittal, ADEQ has revised its 
definitions for consistency with the federal definitions in 40 CFR 
51.165(a)(1). Specifically, ADEQ corrected the definitions for 
stationary source in revised R18-2-101(140), major stationary source in 
revised R18-2-401(13), net emissions increase in revised R18-2-101(88), 
significant in revised R18-2-101(131) and R18-2-405(B), allowable 
emissions in revised R18-2-101(13), federally enforceable in

[[Page 25217]]

revised R18-2-101(53), regulated NSR pollutant in revised R18-2-
101(122), and projected actual emissions in revised R18-2-401(23).
    40 CFR 51.165(a)(3)(ii)(G) requires that credit for emission 
reductions can be claimed only to the extent that the reviewing 
authority has not relied on it in issuing any permit under regulations 
approved pursuant to 40 CFR part 51, subpart I, or the state has not 
relied on it in demonstration of attainment or reasonable further 
progress. In our 2015 NSR action, we found that ADEQ's NSR program 
generally addresses this requirement at R18-2-404(H), but also needed 
to include references to minor NSR requirements, which are to be 
approved as part of ADEQ's NSR regulations under subpart I. In its 
April 2017 NSR submittal, ADEQ added a reference to its minor NSR rule 
R18-2-334, but not its registration program in R18-2-302.01. We 
determined that this is acceptable as sources in the registration 
program cannot use emission reductions to obtain a registration. That 
is, as ADEQ explained in its April 2017 NSR submittal, R18-2-302.01 
does not provide for the imposition of minor NSR emission limits; 
rather, those limits would only be imposed on a source that was denied 
registration and required to obtain a permit meeting the minor NSR 
requirements (which are in R18-2-334). See revised R18-2-404(H).
    We determined in our 2015 NSR action that ADEQ's NSR program 
contained an apparent typographical error in R18-2-402 by including an 
incorrect cross reference that did not meet the requirements of 40 CFR 
51.165(a)(6) that ensures owners and operators document and maintain a 
record of certain applicability-related information. In its current 
submittal, ADEQ has corrected this error; see revised R18-2-
402(F)(1)(c). Additionally, we previously found that ADEQ's NSR program 
did not require owners or operators to make information required under 
40 CFR 51.165(a)(6) available for review upon request by the Director 
or the public, as required by 40 CFR 51.165(a)(7). ADEQ's current 
submittal has added this requirement; see revised R18-2-402(F)(7).
    40 CFR 51.165(a)(9)(i) requires that increases in emissions be 
offset by reductions in emissions using a ratio of emission decreases 
to emission increases of at least 1 to 1. ADEQ's rules contained this 
requirement in R18-2-404, but we found in our 2015 NSR action that it 
could have been interpreted as establishing the ratio as increases to 
decreases, instead of decreases to increases. In addition, R18-2-404(A) 
referred to additional offset requirements in R18-2-405, but did not 
refer to the offset requirement in other parts of R18-2-404. ADEQ has 
corrected these deficiencies in its current SIP submittal; see revised 
R18-2-402(A).
    40 CFR 51.165(a)(11) requires emission offsets to be obtained for 
the same regulated NSR pollutant, unless interprecursor offsetting is 
permitted for a particular pollutant, as further specified in the rule. 
We found in our 2015 NSR action that ADEQ's rules did not contain a 
specific requirement that offsets must be for the same regulated 
pollutant. In its April 2017 NSR submittal, ADEQ has clarified its 
rules consistent with 40 CFR 51.165(a)(11). See revised R18-2-404(A). 
In addition, ADEQ added an option to R18-2-404(A) to use interprecursor 
trading for ozone that is consistent with new revisions to 40 CFR 
51.165(a)(11)(i).
    40 CFR 51.165(b) requires that SIPs have a preconstruction program 
that satisfies the requirements of section 110(a)(2)(D)(i) of the Act 
for any new major stationary source or major modification that would 
locate in an attainment area, but would cause or contribute to a 
violation of a national ambient air quality standard (NAAQS) in any 
adjacent area. ADEQ's rules contained provisions for 40 CFR 51.165(b) 
in R18-2-406 that generally met this requirement. However, we found in 
our 2015 NSR action that ADEQ's regulations referred to the State's 
primary or secondary ambient air quality standards, and thus did not 
fully meet the requirements in 40 CFR 51.165(b)(1) and (2) as ADEQ's 
program did not ensure such standards would apply to areas outside of 
Arizona. In this current SIP submittal, ADEQ has addressed this issue 
by revising its program to instead refer to the NAAQS, which are 
applicable in all areas. These program requirements were removed from 
R18-2-406 and included in the new R18-2-411--Permit Requirements for 
Sources that Locate in Attainment or Unclassifiable Areas and Cause or 
Contribute to a Violation of any National Ambient Air Quality Standard. 
See revised R18-2-101(85), R18-2-401(27), and newly adopted R18-2-411.
    In our 2015 NSR action, we found certain deficiencies in ADEQ's 
rules regarding requirements for Plantwide Applicability Limits (or 
Actuals PALs), which have been corrected in ADEQ's 2017 NSR submittal. 
First, ADEQ's provisions for PALs did not specify that modifications 
under a PAL do not need approval through the nonattainment major NSR 
program as required by 40 CFR 51.165(f)(1)(iii)(B), as only the PSD 
program was mentioned. ADEQ's current submittal has added language to 
include this provision, see revised R18-2-412(A)(2)(b). ADEQ's NA-NSR 
program did not contain a definition for major emissions unit as is 
required by 40 CFR 51.165(f)(2)(iv). ADEQ has now added this term at 
R18-2-401(12). 40 CFR 51.165(f)(9)--ADEQ's PAL provisions at R18-2-
412(H) contained an incorrect reference, and R18-2-412(H)(5) used 
``eliminated'' where the federal regulation uses ``established.'' ADEQ 
has now corrected these deficiencies; see revised R18-2-412(H)(4) and 
(H)(5). ADEQ's program also contained incorrect cross-references in 
meeting the requirements of 40 CFR 51.165(f)(10), as follows: PAL 
renewal provisions at R18-2-412(I)(1) needed to contain a reference to 
subsection (D) of R18-2-412 instead of (F), and R18-2-(I)(4)(a) needed 
to reference subsection (E) of R18-2-412. ADEQ's current SIP submittal 
shows that it has made these corrections; see revised R18-2-412(I)(1) 
and (I)(4)(a).
    Finally, section 173(a)(4) of the Act requires that NA-NSR permit 
programs shall provide that permits to construct and operate may be 
issued if ``the Administrator has not determined that the applicable 
implementation plan is not being adequately implemented for the 
nonattainment area in which the proposed source is to be constructed or 
modified.'' We found in our 2015 NSR action that ADEQ's program did not 
contain this provision. ADEQ's current SIP submittal has added this 
requirement. See revised R18-2-403(A)(4).
4. Deficiencies Corrected Related to the CAA PSD Program
    In our 2015 NSR action, we found that ADEQ's NSR rules often 
referred to Articles 9 and/or 11 of ADEQ's regulations where the 
federal regulations refer to 40 CFR parts 60, 61, or 63; or, similarly, 
sections 111 or 112 of the Act (see 40 CFR 51.166(b)(1)(iii)(aa), 
(b)(12), (b)(16)(i), (b)(17), (b)(47)(ii)(c), (b)(49)(ii), 
(i)(1)(ii)(aa), and (j)). Articles 9 and 11 are where ADEQ incorporates 
by reference the federal regulations in 40 CFR parts 60, 61, and 63 
(which EPA implements under sections 111 and 112 of the Act). However, 
these Articles were not in the SIP, had not been submitted for SIP 
approval, and do not necessarily contain provisions equivalent to all 
the subparts in parts 60, 61, and 63. In its current SIP submittal, 
ADEQ has revised its rules to remove the references to Article 9 and 11 
and instead reference the requirements in 40 CFR part 60, 61, or

[[Page 25218]]

63; and/or sections 111 and 112. See revised R18-2-101(53)(a), 
(124)(b); R18-2-401(11); R18-2-101(21); R18-2-402(G)(2); and R18-2-
406(A)(4).
    ADEQ adopted the PSD increments, or maximum allowable increases, in 
R18-2-218--Limitation of Pollutants in Classified Attainment Areas. 
However, we determined in our 2015 NSR action that in other rules ADEQ 
used ``increment'' or ``incremental ambient standard'' where it 
appeared the intent is to refer to the standards established in R18-2-
218 and identified in ADEQ's rules as the ``maximum allowable 
increases.'' ADEQ's April 2017 NSR submittal addresses this issue by 
generally revising these references to ``maximum allowable increases.'' 
See revised R18-2-406(E), R18-2-412(G)(2)(b), R18-2-101(51).\4\
---------------------------------------------------------------------------

    \4\ ADEQ also needs to correct this issue in R18-2-319(A)(3) and 
R18-2-320(B)(6) per our 2015 NSR action. While ADEQ has recently 
revised these rules to address this issue, they were not included in 
the April 2017 NSR submittal.
---------------------------------------------------------------------------

    In our 2015 NSR action, we found that ADEQ's program did not ensure 
that sources subject to the PSD program would be reviewed for 
compliance with the 2012 PM2.5 NAAQS of 12.0 [micro]g/m\3\, 
which was effective March 18, 2013 (see 78 FR 3086). See 40 CFR 
51.166(b)(2)(iii)(i)(2), (b)(35), (d), (g)(3)(ii), (k), and (m)(1). 
This new NAAQS is required to be implemented for PSD sources (unless 
otherwise grandfathered under provisions at 40 CFR 51.166(i)(10)) 
beginning with the effective date of the NAAQS. In its April 2017 NSR 
submittal, ADEQ revised its program to more broadly reference the 
NAAQS, ensuring that this requirement is met. See the revised R18-2-
218(F)(5)(b)(ii), R18-2-401(27), R18-2-406(A)(5) and R18-2-407(B).
    In our 2015 NSR action, we noted that ADEQ's PSD program, at R18-2-
406(A), contained a reference to rule R18-2-408, but R18-2-408 was not 
in the SIP and had not been submitted for SIP approval. ADEQ included 
R18-2-408 in the April 2017 NSR submittal, and we are proposing to 
approve it into the SIP.
    In our 2015 NSR action, we determined that ADEQ's definitions 
applicable to the PSD program did not fully meet 40 CFR 51.166(b)(1), 
which requires each state plan to contain specific definitions for the 
PSD program. We have reviewed the revised definitions included in the 
current SIP submittal as compared with the federal PSD definitions in 
40 CFR 51.166(b) and have found that ADEQ's submittal contains the 
definitions necessary to implement a PSD program. ADEQ made revisions 
that corrected the following definitions from 40 CFR 51.166(b): Major 
stationary source--see revised R18-2-101(75) and R18-2-401(13), net 
emissions increase--see revised R18-2-101(88), stationary source--see 
revised R18-2-101(140), major source baseline date--see revised R18-2-
218(B)(2)(b), baseline area--see revised R18-2-218(D), allowable 
emissions--see revised R18-2-101(13)(b), federally enforceable--see 
revised R18-2-101(53), complete--see revised R18-2-401(4), 
significant--see revised R18-2-101(131), projected actual emissions--
see revised R18-2-401(23), and regulated NSR pollutant--see revised 
R18-2-101(124).
    Regarding restrictions on area classifications (as Class I, II or 
III), we found in our 2015 NSR action that ADEQ's rules did not 
completely meet the requirements of 40 CFR 51.166(e) and section 162(a) 
of the Act, which require certain areas in existence on August 7, 1977 
to be designated as Class I areas. ADEQ's rules impermissibly limited 
the consideration of boundary changes to such Class I areas to those 
made prior to March 12, 1993. ADEQ has now corrected this deficiency; 
see revised R18-2-217(B). ADEQ's rules also did not contain a provision 
consistent with the federal regulatory requirement for Class I area 
redesignations prior to August 7, 1977 at 40 CFR 51.166(e)(2). ADEQ has 
now corrected this deficiency, see revised R18-2-217(C). In addition, 
ADEQ's rules did not include a provision that is fully consistent with 
the requirements related to designating areas as Class II areas in 40 
CFR 51.166(e)(3). ADEQ corrected this deficiency, see the revised R18-
2-217(D).
    Regarding requirements for exclusions from increment consumption, 
we determined in our 2015 NSR action that ADEQ's rules contained 
provisions that allowed for certain temporary emissions to be excluded 
from increment consumption that did not conform with the requirements 
in 40 CFR 51.166(f)(1)(v) and (f)(4). ADEQ needed to remove the 
Director's discretion to extend the time allowed for temporary 
emissions, and to broaden the reference to the State ambient air 
quality standards to apply to any air quality control region. In its 
current SIP submittal, ADEQ has corrected these deficiencies; see 
revised R18-2-218(F)(5).
    Regarding requirements for redesignating areas as Class I, II or 
II, in our 2015 NSR action, we found that ADEQ's program incorrectly 
applied the provisions in 40 CFR 51.166(g)(1) only to attainment and 
unclassifiable areas. However, this portion of the PSD program applies 
to all areas of the State, including nonattainment areas. This 
deficiency has been corrected in the current SIP submittal; see revised 
R18-2-217(A). ADEQ's rules also previously contained provisions for 
allowing the State to redesignate certain areas under 40 CFR 51.166(g), 
but they did not adequately meet the public participation requirements 
in 40 CFR 51.166(g)(2)(i). ADEQ has now corrected this deficiency; see 
revised R18-2-217(F)(1). In addition, ADEQ's provisions for classifying 
areas to Class III did not clearly identify which areas may be 
designated as Class III as specified in 40 CFR 51.166(g)(3). ADEQ has 
now corrected this deficiency; see revised R18-2-217(G). Concerning 40 
CFR 51.166(g)(3)(ii), ADEQ's rules improperly allowed for redesignation 
to be approved by the Governor's designee. This was inconsistent with 
40 CFR 51.166(g)(3)(ii), which specifically requires the Governor's 
approval. ADEQ has now corrected this deficiency; see revised R18-2-
217(F) and (G). In meeting the requirements of 40 CFR 
51.166(g)(3)(iii), ADEQ rules R18-2-217 also contained a reference to 
``maximum allowable concentration'' which incorrectly referenced R18-2-
218, and referenced only the State's ambient air quality standards, 
which do not generally apply in areas outside of Arizona. In the 
current SIP submittal, ADEQ has corrected this deficiency; see revised 
R18-2-217(G)(4). Also, ADEQ's rules did not meet all the public notice 
requirements for redesignations under 40 CFR 51.166(g)(3)(iv). ADEQ's 
current submittal has corrected this deficiency; see revised R18-2-
217(G).
    At the time of our 2015 NSR action, ADEQ's rules provided an 
exemption for certain portable stationary sources with a prior permit 
that contains requirements equivalent to the PSD requirements in 40 CFR 
51.166 (j) through (r). While this requirement was generally consistent 
with 40 CFR 51.166(i)(1)(iii), we found that ADEQ's rules impermissibly 
expanded this exemption to portable sources that have been issued 
nonattainment NSR permits and PAL permits. ADEQ has corrected this 
deficiency. See revised R18-2-406(E).
    In our 2015 NSR action, we determined that ADEQ's rules did not 
clearly meet the requirements of 40 CFR 51.166(k)(1) because the 
relevant rule provision contained an ``or'' that could be interpreted 
as allowing a source to demonstrate it will not contribute to an 
increase above the significance levels in an adjacent nonattainment 
area in lieu of the demonstration required for the NAAQS and 
increments. In addition, R18-2-406(A)(5)(a) requires that a

[[Page 25219]]

person applying for a PSD permit demonstrate that the project would not 
cause a violation of any maximum allowable increase over the baseline 
concentration in ``any attainment or unclassifiable area,'' but ADEQ's 
definition for ``attainment area'' in the SIP limited attainment areas 
to those ``in the state.'' ADEQ has corrected these deficiencies in its 
current SIP submittal. See revised R18-2-406(A)(5) and R18-2-101(19).
    We determined in our 2015 NSR action that ADEQ's rules did not 
specifically address the requirements of 40 CFR 51.166(n)(1) and (3), 
which require that (1) the owner or operator of a proposed source or 
modification submit all information necessary to perform any analysis 
or make any determination required under procedures established in 
accordance with 40 CFR 51.166, and (2) upon request of the state, the 
owner or operator also provide specified information concerning air 
quality impacts and growth. ADEQ has corrected these deficiencies in 
its current SIP submittal; see revised R18-2-406(L).
    Regarding requirements for sources impacting Class I areas, in our 
2015 NSR action, we found that ADEQ's rules did not fully address the 
requirements in 40 CFR 51.166(p)(1) that relate to notifications to 
EPA, although existing SIP requirements in R9-3-304(H) partially 
addressed the requirements. ADEQ now has corrected this issue by 
submitting R18-2-410 for SIP approval, which contain these requirements 
at R18-2-410(C)(1). In addition, we found in our 2015 NSR action that 
while ADEQ's rules generally included the requirements of 40 CFR 
51.166(p)(3) at R18-2-406, ADEQ's rule contained the phrase ``no 
significant adverse impacts,'' which is inconsistent with the federal 
regulation, which requires a demonstration of ``no adverse impacts.'' 
ADEQ has now corrected this deficiency; see revised R18-2-410(D). 
ADEQ's program also contained outdated maximum allowable increases for 
Class I areas that were not consistent with 40 CFR 51.166(p)(4). ADEQ 
has corrected this deficiency in the current SIP submittal; see revised 
R18-2-410(F).
    In our 2015 NSR action, we found that certain PSD public 
participation requirements were not adequately addressed; these issues 
have been corrected in ADEQ's April 2017 NSR submittal. First, ADEQ's 
rules did not ensure that materials available during the public comment 
period are available in each region in which the proposed source would 
be constructed as required by 40 CFR 51.166(q)(2)(ii). ADEQ has now 
corrected this deficiency. See R18-2-330(D). ADEQ's rules also did not 
require ADEQ to notify the public of (1) the degree of increment 
consumption that is expected from the source or modification, or (2) 
the Director's preliminary determination, as required by 40 CFR 
51.166(q)(2)(iii). ADEQ has corrected this deficiency. See revised R18-
2-402(I). ADEQ's NSR program also did not require ADEQ to make public 
comments and the written notification of its final determination 
available in the same location as the preliminary documents as required 
by 40 CFR 51.166(q)(2)(vi) and (viii). ADEQ has also corrected this 
deficiency; see revised R18-2-402(I).
    Regarding information required to be provided by the source, in our 
2015 NSR action, we found that ADEQ's rules contained a typographical 
error, which did not ensure owners and operators would document and 
maintain records of certain applicability-related information as 
required by 40 CFR 51.166(r)(6). ADEQ corrected this deficiency; see 
revised R18-2-402(F)(6)(b). In addition, we found that ADEQ's submittal 
did not require owners or operators to make information required under 
40 CFR 51.166(r)(6) available for review upon request by the Director 
or the public as required by 40 CFR 51.166(r)(7). ADEQ has corrected 
this deficiency in its current SIP submittal; see revised R18-2-
402(F)(7).
    In our 2015 NSR action, we identified a number of deficiencies in 
ADEQ's rules specifying the requirements for plantwide applicability 
limits (PALs), which have been corrected in its April 2015 NSR 
submittal. The issues are similar to the issues discusses above for 
PALs provisions for the NA-NSR program. First, ADEQ's program did not 
include a definition for major emissions unit as required by 40 CFR 
51.166(w)(2)(iv). ADEQ has added the definition at R18-2-401(12). 
ADEQ's PAL provisions at R18-2-412(H) contained an incorrect reference, 
and R18-2-412(H)(5) used ``eliminated'' where the federal regulation 
uses ``established'', which prevented ADEQ's rules from meeting 40 CFR 
51.166(w)(9). ADEQ has corrected these deficiencies; see revised R18-2-
412(H)(4) and (5). ADEQ's PAL renewal provisions also contained 
incorrect references related to the requirements in 40 CFR 
51.166(w)(10). ADEQ has now corrected those references; see revised 
R18-2-412(I)(1) and (4).
5. Other Revisions and Changes to the EPA's NSR Program and/or ADEQ's 
NSR Program
    Our review of ADEQ's April 2017 NSR submittal also considered 
whether ADEQ's submittal was consistent with other changes made to 
federal NSR program requirements following our 2015 action. These 
changes include: The removal of vacated elements from the PSD program 
related to GHGs (August 19, 2015 at 80 FR 50199); revisions to the 
public noticing provisions for permitting (October 18, 2016 at 81 FR 
71613); SIP requirements for PM2.5 nonattainment areas 
(August 24, 2016 at 81 FR 58010); and the 2015 ozone standard (October 
26, 2015 at 80 FR 65292). As discussed in further detail in our TSD, we 
have determined that ADEQ's program, as updated by the current SIP 
submittal, meets the required elements of these regulatory revisions 
except for one disapproval issue that is already the subject of a 
limited disapproval in our 2016 PM2.5 precursor action. ADEQ 
intends to correct this deficiency in a separate SIP submittal. That 
is, no new disapproval issues have been identified that are associated 
with these changes to the federal NSR requirements.
    Additionally, in our 2015 NSR action we finalized a partial 
disapproval of ADEQ's program related to the significant monitoring 
concentration (SMC) for PM2.5 at 40 CFR 51.166(i)(5)(i)(c). 
Our disapproval action did not require ADEQ to revise its program, as 
our action prevented this portion of ADEQ's program from becoming 
approved into the SIP. However, in its current SIP submittal, ADEQ has 
updated its program to be consistent with the PM2.5 SMC, and 
our current action includes our proposed approval of that change.

C. Review of Rules Requested To Be Removed From the SIP

    In Table 2 of this preamble, we identified the ADEQ rules we are 
proposing to remove from the SIP as part of this action. Except for R9-
2-301(I) and (K) and R9-3-304(H), the ADEQ rules we are proposing to 
replace are older versions of the ADEQ rules in the April 2017 NSR 
submittal. The older versions proposed for removal from the SIP contain 
deficiencies that ADEQ needed to correct. R9-3-301(I) and (K) and R9-3-
304(H) are significantly older rules that were approved into the SIP in 
1982 and 1983 that have since been repealed by ADEQ under State law, 
and the corresponding updated provisions are included in the April 2017 
NSR submittal.

[[Page 25220]]

D. Remaining NSR Deficiencies

    As discussed previously, this action does not address all the 
outstanding limited disapproval issues related to ADEQ's NSR program 
from our 2015 NSR action and our 2016 PM2.5 precursor 
action. Our TSD provides a summary of the remaining limited disapproval 
issues. Our 2015 NSR action triggered a CAA obligation for EPA to 
promulgate a FIP unless Arizona submits, and we approve, plan revisions 
that correct the deficiencies within two years of the effective date of 
our final action. In addition, for deficiencies pertaining to 
requirements under part D of title I of the CAA our action also 
triggers sanctions unless ADEQ submits and we approve SIP revisions 
that correct the deficiencies before 18 months from our final action. 
The EPA has preliminarily determined that ADEQ's April 2017 NSR 
submittal addresses the deficiencies under part D of title I of the CAA 
identified as limited disapproval issues in our 2015 NSR action. ADEQ 
intends to make an additional submittal in order to the meet the FIP 
deadline of December 2, 2017 related to our 2015 action and the 
sanctions deadline of January 22, 2018 for our 2016 PM2.5 
precursor action.

E. Federal Implementation Plan for GHGs and ADEQ's PSD Program

    ADEQ is currently subject to a FIP under the PSD program for GHGs 
because ADEQ has not adopted a PSD program for the regulation of GHGs. 
See 40 CFR 52.37. ADEQ's April 2017 NSR submittal is 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. In our 
final action, we intend to move the codification of the FIP for GHGs 
for areas under the jurisdiction of ADEQ and certain other areas in 
Arizona from 40 CFR 52.37 to 40 CFR 52.144, where the State of 
Arizona's PSD program approval is listed. Previously, there were 
several other states subject to the FIP for GHGs, and EPA applied the 
FIP to all such states, collectively, at 40 CFR 52.37. See 75 FR 82246 
on Dec. 30, 2010. However, the State of Arizona is the only area that 
remains subject to this GHG-specific FIP. Therefore, it is appropriate 
to move the FIP provision to the regulatory section where Arizona's PSD 
program is identified.
    In addition, if we finalize our action, we also intend to update 40 
CFR 51.144 to clarify that ADEQ has an approved PSD program, except for 
GHGs, under sections 160 through 165 of the Act.

F. The EPA's Recommendations To Further Improve the State's Rules

    The TSD describes additional rule revisions that we recommend that 
ADEQ make the next time ADEQ modifies the rules.

G. Do the rules meet the evaluation criteria under Section 110(l) and 
193 of the Clean Air Act?

    Section 110(l) states: ``Each revision to an implementation plan 
submitted by a State under this chapter shall be adopted by such State 
after reasonable notice and public hearing. The Administrator shall not 
approve a revision of a plan if the revision would interfere with any 
applicable requirement concerning attainment and reasonable further 
progress (as defined in section 7501 of this title), or any other 
applicable requirement of this chapter.''
    With respect to the procedural requirements of CAA section 110(l), 
based on our review of the public process documentation included in 
ADEQ's April 2017 NSR submittal, we find that ADEQ has provided 
sufficient evidence of public notice and opportunity for comment and 
public hearings prior to adoption and submittal of these rules to the 
EPA. With respect to the substantive requirements of section 110(l), we 
have determined that our approval of the 2017 NSR submittal corrects 
numerous deficiencies in ADEQ's program and does not relax any existing 
requirements in the Arizona SIP.
    For the reasons set forth above, we can approve the ADEQ SIP 
revision as proposed in this action under section 110(l) of the Act.
    Section 193 of the Act, which was added by the Clean Air Act 
Amendments of 1990, includes a savings clause that provides, in 
pertinent part: ``No control requirement in effect, or required to be 
adopted by an order, settlement agreement, or plan in effect before 
November 15, 1990, in any area which is a nonattainment area for any 
air pollutant may be modified after November 15, 1990, in any manner 
unless the modification insures equivalent or greater emission 
reductions of such air pollutant.'' We find that the provisions 
included in ADEQ's 2017 NSR submittal would ensure equivalent or 
greater emission reductions as compared to the current SIP-approved NSR 
program in the nonattainment areas under ADEQ's jurisdiction. In 
addition, this action does not modify any pre-1990 requirements. 
Although we are proposing to remove two pre-1990 rules from the SIP--
R9-3-301(I) and (K)--Installation Permits: General and R9-3-304(H)--
Installation Permits in Attainment Areas--we are also proposing to 
approve newer, updated requirements into the SIP that are at least as 
stringent.
    For the reasons set forth above, we can approve the submitted NSR 
program under section 193 of the Act.

H. Conclusion

    For the reasons stated above, and as explained further in our TSD, 
we find that the rules in ADEQ's April 2017 NSR submittal satisfy the 
applicable CAA and regulatory requirements for PSD, and nonattainment 
NSR permit programs under CAA section 110(a)(2)(C) and parts C and D of 
title I of the Act, with the exception of one NA-NSR requirement 
relating to PM2.5 precursors that has already been 
identified as a disapproval issue in a previous action and which ADEQ 
intends to address in a later SIP submittal. The submitted NSR rules 
also adequately address certain deficiencies we identified in our 2015 
NSR action concerning specific requirements in 40 CFR 51.161 and 51.164 
that were evaluated as part of this action. Our proposed approval is 
also consistent with section 110(l) and 193 of the Act. Accordingly, we 
are proposing to approve all the rules in ADEQ's April 2017 NSR 
submittal into the Arizona SIP. In addition, we are also proposing to 
remove the existing SIP-approved rules listed in Table 2 from the SIP, 
as these rules are outdated and mostly being superseded by our proposed 
action.

III. Public Comment and Proposed Action

    As authorized in section 110(k)(3) of the Act, the EPA proposes to 
fully approve the submitted rules into the Arizona SIP because we 
believe they fulfill all relevant requirements. Specifically, we are 
proposing approval of the new and amended ADEQ regulations listed in 
Table 1, above, as a revision to the ADEQ portion of the Arizona SIP. 
We are also proposing to remove from the Arizona SIP the existing rules 
listed in Table 2, as these rules are outdated and mostly being 
superseded by our proposed action.
    We will accept comments from the public on this proposal until July 
3, 2017. If we take final action to approve the submitted rules, our 
final action will incorporate these rules into the federally 
enforceable SIP.

[[Page 25221]]

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 ADEQ rule listed in Table 1 of this preamble. The EPA has 
made, and will continue to make, these materials 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).

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);
     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).

List of Subjects in 40 CFR Part 52

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Carbon monoxide, Incorporation by reference, 
Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate 
matter, Reporting and recordkeeping requirements, Sulfur dioxide, 
Volatile organic compounds.

    Authority: 42 U.S.C. 7401 et seq.

    Dated: May 16, 2017.
Alexis Strauss,
Acting Regional Administrator, Region IX.
[FR Doc. 2017-10946 Filed 5-31-17; 8:45 am]
 BILLING CODE 6560-50-P



                                                                             Federal Register / Vol. 82, No. 104 / Thursday, June 1, 2017 / Proposed Rules                                              25213

                                                    emissions) for the 2012 PM2.5 NAAQS.                    practicable and legally permissible                   action. We are seeking comment on our
                                                    This proposed rulemaking action does                    methods, under Executive Order 12898                  proposed action and plan to follow with
                                                    not include action on section                           (59 FR 7629, February 16, 1994).                      a final action.
                                                    110(a)(2)(I) of the CAA which pertains                     In addition, this proposed rule to                 DATES: Any comments must arrive by
                                                    to the nonattainment planning                           approve portions of Delaware’s                        July 3, 2017.
                                                    requirements of part D, title I of the                  December 14, 2015 SIP for section                     ADDRESSES: Submit comments,
                                                    CAA, because this element is not                        110(a)(2) infrastructure requirements for             identified by Docket ID No. EPA–R09–
                                                    required to be submitted by the 3-year                  the 2012 PM2.5 NAAQS does not have                    OAR–2017–0255, at http://
                                                    submission deadline of section 110(a)(1)                tribal implications as specified by                   www.regulations.gov, or via email to
                                                    of the CAA, and will be addressed in a                  Executive Order 13175 (65 FR 67249,                   R9airpermits@epa.gov. For comments
                                                    separate process if necessary.                          November 9, 2000), because the SIP is                 submitted at Regulations.gov, follow the
                                                                                                            not approved to apply in Indian country               online instructions for submitting
                                                    IV. Statutory and Executive Order
                                                                                                            located in the state, and EPA notes that              comments. Once submitted, comments
                                                    Reviews
                                                                                                            it will not impose substantial direct                 cannot be removed or edited from
                                                       Under the CAA, the Administrator is                  costs on tribal governments or preempt                Regulations.gov. For either manner of
                                                    required to approve a SIP submission                    tribal law.                                           submission, the EPA may publish any
                                                    that complies with the provisions of the                                                                      comment received to its public docket.
                                                    CAA and applicable federal regulations.                 List of Subjects in 40 CFR Part 52
                                                                                                                                                                  Do not submit electronically any
                                                    42 U.S.C. 7410(k); 40 CFR 52.02(a).                       Environmental protection, Air                       information you consider to be
                                                    Thus, in reviewing SIP submissions,                     pollution control, Incorporation by                   Confidential Business Information (CBI)
                                                    EPA’s role is to approve state choices,                 reference, Particulate matter, Reporting              or other information whose disclosure is
                                                    provided that they meet the criteria of                 and recordkeeping requirements.                       restricted by statute. Multimedia
                                                    the CAA. Accordingly, this action                         Authority: 42 U.S.C. 7401 et seq.                   submissions (audio, video, etc.) must be
                                                    merely approves state law as meeting                                                                          accompanied by a written comment.
                                                    federal requirements and does not                         Dated: April 26, 2017.
                                                                                                            John A. Armstead,                                     The written comment is considered the
                                                    impose additional requirements beyond                                                                         official comment and should include
                                                    those imposed by state law. For that                    Acting Regional Administrator, Region III.
                                                                                                                                                                  discussion of all points you wish to
                                                    reason, this proposed action:                           [FR Doc. 2017–11085 Filed 5–31–17; 8:45 am]
                                                                                                                                                                  make. The EPA will generally not
                                                       • Is not a ‘‘significant regulatory                  BILLING CODE 6560–50–P
                                                                                                                                                                  consider comments or comment
                                                    action’’ subject to review by the Office
                                                                                                                                                                  contents located outside of the primary
                                                    of Management and Budget under
                                                                                                                                                                  submission (i.e. on the web, cloud, or
                                                    Executive Orders 12866 (58 FR 51735,                    ENVIRONMENTAL PROTECTION
                                                                                                                                                                  other file sharing system). For
                                                    October 4, 1993) and 13563 (76 FR 3821,                 AGENCY
                                                                                                                                                                  additional submission methods, please
                                                    January 21, 2011);
                                                       • does not impose an information                     40 CFR Part 52                                        contact the person identified in the FOR
                                                                                                                                                                  FURTHER INFORMATION CONTACT section.
                                                    collection burden under the provisions                  [EPA–R09–OAR–2017–0255; FRL–9963–08-
                                                    of the Paperwork Reduction Act (44                                                                            For the full EPA public comment policy,
                                                                                                            Region 9]                                             information about CBI or multimedia
                                                    U.S.C. 3501 et seq.);
                                                       • is certified as not having a                       Air Plan Approval; Arizona; Stationary                submissions, and general guidance on
                                                    significant economic impact on a                        Sources; New Source Review                            making effective comments, please visit
                                                    substantial number of small entities                                                                          https://www.epa.gov/dockets/
                                                    under the Regulatory Flexibility Act (5                 AGENCY:  Environmental Protection                     commenting-epa-dockets.
                                                    U.S.C. 601 et seq.);                                    Agency (EPA).                                         FOR FURTHER INFORMATION CONTACT: Lisa
                                                       • does not contain any unfunded                      ACTION: Proposed rule.                                Beckham, EPA Region 9, (415) 972–
                                                    mandate or significantly or uniquely                                                                          3811, beckham.lisa@epa.gov.
                                                    affect small governments, as described                  SUMMARY:   The Environmental Protection               SUPPLEMENTARY INFORMATION:
                                                    in the Unfunded Mandates Reform Act                     Agency (EPA) is proposing approval of                 Throughout this document, the terms
                                                    of 1995 (Pub. L 104–4);                                 regulatory revisions to the Arizona                   ‘‘we,’’ ‘‘us,’’ and ‘‘our’’ refer to the EPA.
                                                       • does not have federalism                           Department of Environmental Quality
                                                                                                            (ADEQ) portion of the applicable state                Table of Contents
                                                    implications as specified in Executive
                                                    Order 13132 (64 FR 43255, August 10,                    implementation plan (SIP) for the State               I. The State’s Submittal
                                                    1999);                                                  of Arizona. These revisions are                          A. Which rules did the State submit?
                                                       • is not an economically significant                 primarily intended to make corrections                   B. Are there previous versions of the rules
                                                    regulatory action based on health or                    to ADEQ’s SIP-approved rules for the                       in the Arizona SIP?
                                                                                                            issuance of New Source Review (NSR)                      C. What is the purpose of the EPA’s
                                                    safety risks subject to Executive Order                                                                            proposed rule?
                                                    13045 (62 FR 19885, April 23, 1997);                    permits for stationary sources, with a
                                                                                                                                                                  II. The EPA’s Evaluation
                                                       • is not a significant regulatory action             focus on preconstruction permit                          A. How is the EPA evaluating the State’s
                                                    subject to Executive Order 13211 (66 FR                 requirements under the Clean Air Act                       rules?
                                                    28355, May 22, 2001);                                   (CAA or Act) for major sources and                       B. Do the rules meet the evaluation
                                                       • is not subject to requirements of                  major modifications. On November 2,                        criteria?
                                                    Section 12(d) of the National                           2015, we took final action on a SIP                      C. Review of Rules Requested To Be
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                                                    Technology Transfer and Advancement                     submittal from ADEQ that significantly                     Removed From the SIP
                                                    Act of 1995 (15 U.S.C. 272 note) because                updated ADEQ’s SIP-approved NSR                          D. Remaining NSR Deficiencies
                                                                                                            permitting program. However, that                        E. Federal Implementation Plan for GHGs
                                                    application of those requirements would                                                                            and ADEQ’s PSD Program
                                                    be inconsistent with the CAA; and                       action identified several deficiencies in                F. The EPA’s Recommendations To Further
                                                       • does not provide EPA with the                      ADEQ’s program that needed to be                           Improve the State’s Rules
                                                    discretionary authority to address, as                  corrected. This proposed action will                     G. Do the rules meet the evaluation criteria
                                                    appropriate, disproportionate human                     correct a substantial portion of the                       under Sections 110(l) and 193 of the
                                                    health or environmental effects, using                  deficiencies we identified in that 2015                    Clean Air Act?



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                                                    25214                         Federal Register / Vol. 82, No. 104 / Thursday, June 1, 2017 / Proposed Rules

                                                       H. Conclusion                                                          (xii) The initials NSR mean or refer to                                    This SIP revision submittal, which is
                                                    III. Public Comment and Proposed Action                                 New Source Review.                                                           the subject of this action and is referred
                                                    IV. Incorporation by Reference                                            (xiii) The initials PAL mean or refer to                                   to herein as the ‘‘April 2017 NSR
                                                    V. Statutory and Executive Order Reviews
                                                                                                                            Plantwide Applicability Limits.                                              submittal,’’ contains revisions to
                                                    Definitions                                                               (xiv) The initials PM10 mean or refer                                      ADEQ’s preconstruction review and
                                                      For this document, we are giving                                      to particulate matter with an                                                permitting program requirements. These
                                                    meaning to certain words or initials as                                 aerodynamic diameter of less than or                                         revisions are intended to correct
                                                    follows:                                                                equal to 10 micrometers (coarse                                              deficiencies in ADEQ’s SIP-approved
                                                      (i) The words or initials Act or CAA                                  particulate matter).                                                         NSR program related to the
                                                    mean or refer to the Clean Air Act,                                       (xv) The initials PM2.5 mean or refer                                      requirements under both part C
                                                    unless the context indicates otherwise.                                 to particulate matter with an                                                (prevention of significant deterioration
                                                      (ii) The initials ADEQ mean or refer                                  aerodynamic diameter of less than or
                                                                                                                                                                                                         or PSD) and part D (nonattainment new
                                                    to the Arizona Department of                                            equal to 2.5 micrometers (fine
                                                                                                                                                                                                         source review or NA–NSR) of title I of
                                                    Environmental Quality.                                                  particulate matter).
                                                                                                                              (xvi) The initials PSD mean or refer to                                    the Act, which apply to major stationary
                                                      (iii) The initials A.R.S. mean or refer
                                                                                                                            Prevention of Significant Deterioration.                                     sources and major modifications of such
                                                    to the Arizona Revised Statutes.
                                                      (iv) The initials BACT mean or refer                                    (xvii) The initials SIP mean or refer to                                   sources. The preconstruction review
                                                    to Best Available Control Technology.                                   State Implementation Plan.                                                   and permitting programs are often
                                                      (v) The initials CFR mean or refer to                                   (xviii) The initials SMC mean or refer                                     collectively referred to as ‘‘New Source
                                                    Code of Federal Regulations.                                            to significant monitoring concentration.                                     Review’’ or NSR.
                                                      (vi) The words EPA, we, us or our                                       (xix) The words State or Arizona                                              Table 1 lists the rules in the April
                                                    mean or refer to the United States                                      mean the State of Arizona, unless the                                        2017 NSR submittal, all of which we are
                                                    Environmental Protection Agency.                                        context indicates otherwise.                                                 proposing for SIP approval in this
                                                      (vii) The initials FIP mean or refer to                                 (xx) The initials TSD mean or refer to                                     action, along with the rules’ effective
                                                    Federal Implementation Plan.                                            the technical support document for this
                                                      (viii) The initials GHG mean or refer                                                                                                              dates under State law. The submitted
                                                                                                                            action.                                                                      rules are from the Arizona
                                                    to greenhouse gas.                                                        (xxi) The initials VOC mean or refer
                                                      (ix) The initials IBR mean or refer to                                                                                                             Administrative Code, Title 18—
                                                                                                                            to volatile organic compound.                                                Environmental Quality, Chapter 2—
                                                    incorporation by reference.
                                                      (x) The initials NAAQS mean or refer                                  I. The State’s Submittals                                                    Department of Environmental Quality—
                                                    to National Ambient Air Quality                                                                                                                      Air Pollution Control, Articles 1 through
                                                                                                                            A. Which rules did the State submit?
                                                    Standards.                                                                                                                                           4.
                                                      (xi) The initials NA–NSR mean or                                        On April 28, 2017, ADEQ submitted
                                                    refer to Nonattainment New Source                                       regulatory revisions for the ADEQ
                                                    Review.                                                                 portion of the Arizona SIP to the EPA.

                                                                                            TABLE 1—SUBMITTED RULES PROPOSED FOR APPROVAL IN THIS ACTION
                                                                Rule                                                                                              Title                                                                            State effective date

                                                    R18–2–101     (except 20) ..           Definitions ........................................................................................................................................    March   21,   2017.
                                                    R18–2–201      .....................   Particulate Matter: PM10 and PM2.5 ................................................................................................                     March   21,   2017.
                                                    R18–2–203      .....................   Ozone ..............................................................................................................................................    March   21,   2017.
                                                    R18–2–217      .....................   Designation and Classification of Attainment Areas .......................................................................                              March   21,   2017.
                                                    R18–2–218      .....................   Limitation of Pollutants in Classified Attainment Areas ..................................................................                              March   21,   2017.
                                                    R18–2–330      .....................   Public Participation ..........................................................................................................................         March   21,   2017.
                                                    R18–2–332      .....................   Stack Height Limitation ...................................................................................................................             March   21,   2017.
                                                    R18–2–401      .....................   Definitions ........................................................................................................................................    March   21,   2017.
                                                    R18–2–402      .....................   General ............................................................................................................................................    March   21,   2017.
                                                    R18–2–403      .....................   Permits for Sources Located in Nonattainment Areas ...................................................................                                  March   21,   2017.
                                                    R18–2–404      .....................   Offset Standards .............................................................................................................................          March   21,   2017.
                                                    R18–2–405      .....................   Special Rule for Major Sources of VOC or Nitrogen Oxides in Ozone Nonattainment Areas                                                                   March   21,   2017.
                                                                                             Classified as Serious or Severe.
                                                    R18–2–406      .....................   Permit Requirements for Sources Located in Attainment and Unclassifiable Areas .....................                                                    March   21,   2017.
                                                    R18–2–407      .....................   Air Quality Impact Analysis and Monitoring Requirements ............................................................                                    March   21,   2017.
                                                    R18–2–408      .....................   Innovative Control Technology .......................................................................................................                   March   21,   2017.
                                                    R18–2–410      .....................   Visibility and Air Quality Related Value Protection .........................................................................                           March   21,   2017.
                                                    R18–2–411      .....................   Permit Requirements for Sources that Locate in Attainment or Unclassifiable Areas and Cause                                                             March   21,   2017.
                                                                                             or Contribute to a Violation of Any National Ambient Air Quality Standard.
                                                    R18–2–412 .....................        PALs ................................................................................................................................................   March 21, 2017.



                                                    On May 9, 2017, ADEQ’s April 2017                                       the following stationary source                                              Graham, Greenlee, La Paz, Mohave,
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                                                    NSR submittal was determined to meet                                    categories in all areas of Arizona:                                          Navajo, Santa Cruz, Yavapai, and Yuma.
                                                    the completeness criteria in 40 CFR part                                smelting of metal ores, coal-fired                                           Finally, ADEQ has permitting
                                                    51, appendix V, which must be met                                       electric generating stations, petroleum                                      jurisdiction over major sources in Pinal
                                                    before formal EPA review.                                               refineries, Portland cement plants, and
                                                       The proposed revisions will apply to                                 portable sources. ADEQ also has
                                                    all areas and sources of Arizona where                                  permitting jurisdiction for major and
                                                    ADEQ has jurisdiction. Currently,                                       minor sources in the following counties:
                                                    ADEQ has permitting jurisdiction for                                    Apache, Cochise, Coconino, Gila,


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                                                                                   Federal Register / Vol. 82, No. 104 / Thursday, June 1, 2017 / Proposed Rules                                                                                     25215

                                                    County 1 and the Rosemont Copper                                        B. Are there previous versions of the                                       of our proposed action. If the EPA were
                                                    Mine in Pima County.                                                    rules in the Arizona SIP?                                                   to take final action as proposed herein,
                                                                                                                              Table 2 lists the existing rules in the                                   these rules generally would be replaced
                                                                                                                            Arizona SIP that would be superseded                                        in the SIP by the submitted set of rules
                                                                                                                            or removed from the Arizona SIP as part                                     listed in Table 1.

                                                                                  TABLE 2—SIP RULES PROPOSED FOR REMOVAL FROM ARIZONA SIP IN THIS ACTION
                                                                                                                                                                                                                       EPA approval     Federal Register
                                                                Rule                                                                                Title                                                                 date              citation

                                                    R9–3–301(I) and (K) ......             Installation Permits: General ...............................................................................                 05/05/1982     47   FR   19326
                                                    R9–3–304(H) ..................         Installation Permits in Attainment Areas .............................................................                        05/03/1983     48   FR   19878
                                                    R18–2–101 .....................        Definitions ............................................................................................................      11/23/2014     79   FR   56655
                                                                                                                                                                                                                          11/2/2015     80   FR   67319
                                                    R18–2–201      .....................   Particulate Matter: PM10 and PM2.5 .....................................................................                      09/23/2014     79   FR   56655
                                                    R18–2–203      .....................   Ozone: One-hour Standard and Eight-hour Averaged Standard ........................                                            09/23/2014     79   FR   56655
                                                    R18–2–217      .....................   Designation and Classification of Attainment Areas ...........................................                                 11/2/2015     80   FR   67319
                                                    R18–2–218      .....................   Limitation of Pollutants in Classified Attainment Areas .......................................                                11/2/2015     80   FR   67319
                                                    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 in Nonattainment Areas ........................................                                    11/2/2015     80   FR   67319
                                                    R18–2–404      .....................   Offset Standards ..................................................................................................            11/2/2015     80   FR   67319
                                                    R18–2–405      .....................   Special Rule for Major Sources of VOC or Nitrogen Oxides in Ozone Non-                                                         11/2/2015     80   FR   67319
                                                                                             attainment Areas Classified as Serious or Severe.
                                                    R18–2–406 .....................        Permit Requirements for Sources Located in Attainment and Unclassifiable                                                         11/2/2015   80 FR 67319
                                                                                             Areas.
                                                    R18–2–407 .....................        Air Quality Impact Analysis and Monitoring Requirements .................................                                        11/2/2015   80 FR 67319
                                                    R18–2–412 .....................        PALs ....................................................................................................................        11/2/2015   80 FR 67319



                                                    C. What is the purpose of the EPA’s                                     II. The EPA’s Evaluation                                                       With respect to substantive
                                                    proposed rule?                                                                                                                                      requirements, we have reviewed the
                                                                                                                            A. How is the EPA evaluating the State’s
                                                                                                                                                                                                        ADEQ provisions that are the subject of
                                                       The purpose of this proposed rule is                                 rules?
                                                                                                                                                                                                        our current action in accordance with
                                                    to propose to update the Arizona SIP by                                   The EPA has reviewed the provisions                                       the CAA and applicable regulatory
                                                    approving the rule revisions submitted                                  submitted for SIP approval by ADEQ                                          requirements, focusing primarily on
                                                    in ADEQ’s 2017 NSR submittal, to                                        that are the subject of this action for                                     those that apply to PSD permit programs
                                                    discuss the basis for our proposed                                      compliance with the CAA’s general                                           under part C of title I of the Act and
                                                    approval action, and to provide notice                                  requirements for SIPs in CAA section                                        Nonattainment NSR permit programs
                                                    of and seek public comment on our                                       110(a)(2), EPA’s regulations for                                            under part D of title I of the Act. The
                                                    proposed action. We present our                                         stationary source permitting programs                                       submitted rules are intended to correct
                                                    evaluation of the rules submitted by                                    in 40 CFR part 51, subpart I, and the                                       a substantial portion of the deficiencies
                                                    ADEQ in its April 2017 NSR submittal,                                   CAA requirements for SIP revisions in                                       in ADEQ’s NSR program that we
                                                                                                                            CAA section 110(l) and 193.                                                 identified in our November 2, 2015 final
                                                    which are identified in Table 1 above,
                                                                                                                              With respect to procedures, CAA                                           action and a separate June 22, 2016 final
                                                    as compared with applicable                                             sections 110(a) and 110(l) require that
                                                    requirements under the CAA and EPA                                                                                                                  action issued by the EPA, discussed
                                                                                                                            revisions to a SIP be adopted by the                                        below.
                                                    regulations, particularly with respect to                               state after reasonable notice and public                                       On November 2, 2015 (80 FR 67319),
                                                    the PSD and NA–NSR requirements                                         hearing. EPA has promulgated specific                                       the EPA published a final limited
                                                    applicable to major sources and major                                   procedural requirements for SIP                                             approval and limited disapproval of
                                                    modifications. We provide our                                           revisions in 40 CFR part 51, subpart F.                                     revisions to the ADEQ portion of the
                                                    reasoning in general terms below, and                                   These requirements include publication                                      Arizona SIP (referred to hereinafter as
                                                    include our more detailed analysis in                                   of notices, by prominent advertisement                                      ‘‘our 2015 NSR action’’).2 Our 2015 NSR
                                                    the Technical Support Document for                                      in the relevant geographic area, a public                                   action updated ADEQ’s SIP-approved
                                                    this action (TSD), which is available in                                comment period of at least 30 days, and                                     NSR permitting program, but identified
                                                    the docket for this proposed rulemaking.                                an opportunity for a public hearing.                                        deficiencies that need to be corrected for
                                                    This proposed rule also discusses our                                   Based on our review of the public                                           the EPA to grant full approval of
                                                    proposal to approve ADEQ’s request                                      process documentation included in the                                       ADEQ’s NSR program. Thus, our 2015
                                                    that we remove older, outdated rules                                    April 2017 NSR submittal, we find that                                      NSR action would trigger an obligation
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                                                    from the Arizona SIP and our rationale                                  ADEQ has provided sufficient evidence                                       on the EPA to promulgate a Federal
                                                    for doing so.                                                           of public notice and opportunity for                                        Implementation Plan (FIP) to address
                                                                                                                            comment and public hearing prior to                                         the deficiencies that were the basis for
                                                                                                                            adoption and submittal of these rules to                                    our limited disapproval action unless
                                                                                                                            the EPA.                                                                    the State of Arizona corrects the
                                                     1 ADEQ has delegated implementation of the                               2 We also finalized other actions, which included                         and limited approvals, without corresponding
                                                    major source program to the Pinal County Air                            a partial disapproval related to the fine particulate                       limited disapprovals, related to section 189(e) of the
                                                    Quality Control District.                                               matter (PM2.5) significant monitoring concentration,                        Act.



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                                                    25216                    Federal Register / Vol. 82, No. 104 / Thursday, June 1, 2017 / Proposed Rules

                                                    deficiencies, and the EPA approves the                  in the TSD for this action. Here we                   ambient air quality standards or
                                                    related plan revisions, within two years                briefly discuss the previously identified             applicable maximum allowable
                                                    of that final action. In addition, to avoid             deficiencies that this action, if finalized,          increases.’’ This provision is not
                                                    sanctions under section 179 of the Act,                 would correct.                                        contained in the federal regulations and
                                                    ADEQ has 18 months from December 2,                                                                           appeared to allow for the use of stack
                                                                                                            1. Deficiencies Corrected Related to
                                                    2015, the effective date of our 2015 NSR                                                                      heights beyond good engineering
                                                                                                            Public Availability of Information
                                                    action, to correct those deficiencies                                                                         practice (GEP) stack height, as defined
                                                    related to part D of title I of the Act.                   In our 2015 NSR action, we found that              in 40 CFR 51.100(ii), which we
                                                       On June 22, 2016 (81 FR 40525), the                  ADEQ’s NSR program did not ensure,                    identified as a deficiency in our 2015
                                                    EPA also published a separate but                       for all sources subject to NSR review,                NSR action. ADEQ has now addressed
                                                    related final limited disapproval action                that certain requirements related to                  this deficiency by removing this
                                                    for ADEQ’s NA–NSR program, as                           public availability of information were               provision from R18–2–332.
                                                    ADEQ’s program did not fully address                    met. Specifically, ADEQ’s program did
                                                    fine particulate matter (PM2.5)                         not ensure that the information                       3. Deficiencies Corrected Related to the
                                                    precursors as required by section 189(e)                submitted by the owner or operator and                CAA NA–NSR Program
                                                    of the Act (referred to hereinafter as                  ADEQ’s analysis of effects of air quality                In our 2015 NSR action, we found that
                                                    ‘‘our 2016 PM2.5 precursor action’’).                   would be available for public inspection              ADEQ’s NSR program often referred to
                                                    This action triggered an obligation on                  in at least one location in the affected              Articles 9 and/or 11 of ADEQ’s
                                                    the EPA to promulgate a FIP to address                  area. See 40 CFR 51.161(b)(1). To                     regulations where the federal
                                                    this deficiency unless the State of                     address this deficiency, ADEQ revised                 regulations refer to 40 CFR part 60, 61,
                                                    Arizona corrects the deficiency, and the                its public notice requirements to ensure              or 63; or, similarly, sections 111 or 112
                                                    EPA approves the related plan revisions,                that the necessary documents will be                  of the Act (see 40 CFR
                                                    within two years of the final action. In                available for public inspection in the                51.165(a)(1)(xiii)—lowest achievable
                                                    addition, to avoid sanctions under                      ‘‘area affected’’ by the action, including            emission rate, and (a)(1)(xl)—best
                                                    section 179 of the Act, ADEQ has 18                     the Director’s analysis of the effects on             available control technology).3 Articles
                                                    months from the July 22, 2016 effective                 ambient air quality. See revised R18–2–               9 and 11 are where ADEQ incorporates
                                                    date of our 2016 PM2.5 precursor action                 330(D) and (F).                                       by reference the federal regulations in
                                                    to correct the deficiency as it relates to                                                                    40 CFR parts 60, 61, and 63 (which the
                                                                                                            2. Deficiencies Corrected Related to
                                                    part D of title I of the Act.                                                                                 EPA implements under sections 111 and
                                                                                                            Stack Height Provisions
                                                                                                                                                                  112 of the Act). However, these Articles
                                                    B. Do the rules meet the evaluation                        Regarding requirements for stack                   were not in the SIP, had not been
                                                    criteria?                                               heights and good engineering practice,                submitted for SIP approval, and did not
                                                      Please see our 2015 NSR action,                       in our 2015 NSR action, we found that                 necessarily contain provisions
                                                    including our proposed action on March                  ADEQ’s NSR program did not                            equivalent to all the subparts in parts
                                                    18, 2015 (80 FR 14044), for a detailed                  adequately address the following                      60, 61, and 63. In its current submittal,
                                                    discussion of the approval criteria for                 requirements. First, we found that                    ADEQ has revised its rules to remove
                                                    the NSR program and how ADEQ’s NSR                      ADEQ’s NSR program did not meet the                   the references to Article 9 and 11 and
                                                    rules reviewed in that action generally                 public hearing requirements in 40 CFR                 instead reference the requirements in 40
                                                    meet the approval criteria despite                      51.164 and 51.118(a) because the                      CFR part 60, 61, or 63; sections 111 and
                                                    certain deficiencies that require                       referenced procedures were not in the                 112; and/or the new source performance
                                                    correction for the EPA to fully approve                 SIP or submitted for SIP approval.                    standard or national emission standards
                                                    ADEQ’s NSR program. In this action, we                  ADEQ addressed this issue by revising                 for hazardous air pollutants. See the
                                                    are focusing our review on the revisions                R18–2–332 to reference the SIP-                       revised R18–2–101(21), R18–2–401(11)
                                                    that ADEQ made to correct the                           approved public notice requirements in                and R18–2–406(A)(4).
                                                    deficiencies we identified in our 2015                  R18–2–330. See revised R18–2–332(E).                     We also determined in our 2015 NSR
                                                    NSR action and our 2016 PM2.5                           We found that ADEQ’s rules did not                    action that ADEQ’s SIP-approved NSR
                                                    precursor action. We also reviewed                      contain language that met the exception               rules governing nonattainment NSR
                                                    other revisions ADEQ made in the rules                  to the stack height provisions provided               contained several definitions that were
                                                    submitted in ADEQ’s April 2017 NSR                      in 40 CFR 51.118(b). In addition, R18–                not at least as stringent as the
                                                    action to ensure that the revised                       2–332 incorrectly referenced July 1,                  corresponding federal definition. In its
                                                    language was consistent with applicable                 1975 instead of July 1, 1957. ADEQ’s                  April 2017 NSR submittal, ADEQ has
                                                    requirements of the Act and EPA                         current SIP submittal has corrected                   revised its definitions for consistency
                                                    regulations.                                            these deficiencies; see revised R18–2–                with the federal definitions in 40 CFR
                                                      We are proposing approval of ADEQ’s                   332(B)(1) and (B)(2). We also                         51.165(a)(1). Specifically, ADEQ
                                                    2017 NSR submittal because it would                     determined that ADEQ’s NSR program                    corrected the definitions for stationary
                                                    correct numerous deficiencies and is                    did not contain a requirement that                    source in revised R18–2–101(140),
                                                    otherwise consistent with the                           owners or operators seeking to rely on                major stationary source in revised R18–
                                                    requirements for NSR programs and the                   the equation in 40 CFR 51.100(ii)(2)(i)               2–401(13), net emissions increase in
                                                    Act. If approved, this action would not                 produce evidence that the equation was                revised R18–2–101(88), significant in
                                                    correct all the deficiencies in ADEQ’s                  relied on in establishing an emission                 revised R18–2–101(131) and R18–2–
                                                    NSR program previously identified by                    limitation. ADEQ’s currently submitted
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                                                                                                                                                                  405(B), allowable emissions in revised
                                                    the EPA, but it would correct those                     rules have added this requirement; see                R18–2–101(13), federally enforceable in
                                                    deficiencies that would potentially lead                revised R18–2–332(C)(2)(a). Finally,
                                                    to sanctions under section 179 of the                   ADEQ’s NSR program previously                           3 Our 2015 NSR action also identified the

                                                    Act because of our 2015 NSR action.                     contained a provision at R18–2–332(D)                 definition for ‘‘regulated NSR pollutant’’ in 40 CFR
                                                    ADEQ expects to correct the remaining                   which provided additional provisions                  51.165(a)(1)(xxxvii) as being part of this deficiency.
                                                                                                                                                                  However, upon further review, that determination
                                                    deficiencies in a subsequent SIP                        for sources ‘‘seeking credit because of               was in error as the federal definition does not
                                                    submittal. Our detailed analysis of                     plume impaction which results in                      reference part 60, 61, 63 or sections 111 and 112
                                                    ADEQ’s 2017 NSR submittal is provided                   concentrations in violation of national               of the Act.



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                                                                             Federal Register / Vol. 82, No. 104 / Thursday, June 1, 2017 / Proposed Rules                                           25217

                                                    revised R18–2–101(53), regulated NSR                    decreases to increases. In addition, R18–             program was mentioned. ADEQ’s
                                                    pollutant in revised R18–2–101(122),                    2–404(A) referred to additional offset                current submittal has added language to
                                                    and projected actual emissions in                       requirements in R18–2–405, but did not                include this provision, see revised R18–
                                                    revised R18–2–401(23).                                  refer to the offset requirement in other              2–412(A)(2)(b). ADEQ’s NA–NSR
                                                       40 CFR 51.165(a)(3)(ii)(G) requires                  parts of R18–2–404. ADEQ has corrected                program did not contain a definition for
                                                    that credit for emission reductions can                 these deficiencies in its current SIP                 major emissions unit as is required by
                                                    be claimed only to the extent that the                  submittal; see revised R18–2–402(A).                  40 CFR 51.165(f)(2)(iv). ADEQ has now
                                                    reviewing authority has not relied on it                   40 CFR 51.165(a)(11) requires                      added this term at R18–2–401(12). 40
                                                    in issuing any permit under regulations                 emission offsets to be obtained for the               CFR 51.165(f)(9)—ADEQ’s PAL
                                                    approved pursuant to 40 CFR part 51,                    same regulated NSR pollutant, unless                  provisions at R18–2–412(H) contained
                                                    subpart I, or the state has not relied on               interprecursor offsetting is permitted for            an incorrect reference, and R18–2–
                                                    it in demonstration of attainment or                    a particular pollutant, as further                    412(H)(5) used ‘‘eliminated’’ where the
                                                    reasonable further progress. In our 2015                specified in the rule. We found in our                federal regulation uses ‘‘established.’’
                                                    NSR action, we found that ADEQ’s NSR                    2015 NSR action that ADEQ’s rules did                 ADEQ has now corrected these
                                                    program generally addresses this                        not contain a specific requirement that               deficiencies; see revised R18–2–
                                                    requirement at R18–2–404(H), but also                   offsets must be for the same regulated                412(H)(4) and (H)(5). ADEQ’s program
                                                    needed to include references to minor                   pollutant. In its April 2017 NSR                      also contained incorrect cross-references
                                                    NSR requirements, which are to be                       submittal, ADEQ has clarified its rules               in meeting the requirements of 40 CFR
                                                    approved as part of ADEQ’s NSR                          consistent with 40 CFR 51.165(a)(11).                 51.165(f)(10), as follows: PAL renewal
                                                    regulations under subpart I. In its April               See revised R18–2–404(A). In addition,                provisions at R18–2–412(I)(1) needed to
                                                    2017 NSR submittal, ADEQ added a                        ADEQ added an option to R18–2–404(A)                  contain a reference to subsection (D) of
                                                    reference to its minor NSR rule R18–2–                  to use interprecursor trading for ozone               R18–2–412 instead of (F), and R18–2-
                                                    334, but not its registration program in                that is consistent with new revisions to              (I)(4)(a) needed to reference subsection
                                                    R18–2–302.01. We determined that this                   40 CFR 51.165(a)(11)(i).                              (E) of R18–2–412. ADEQ’s current SIP
                                                    is acceptable as sources in the                            40 CFR 51.165(b) requires that SIPs                submittal shows that it has made these
                                                    registration program cannot use                         have a preconstruction program that                   corrections; see revised R18–2–412(I)(1)
                                                    emission reductions to obtain a                         satisfies the requirements of section                 and (I)(4)(a).
                                                    registration. That is, as ADEQ explained                110(a)(2)(D)(i) of the Act for any new                   Finally, section 173(a)(4) of the Act
                                                    in its April 2017 NSR submittal, R18–                   major stationary source or major                      requires that NA–NSR permit programs
                                                    2–302.01 does not provide for the                       modification that would locate in an                  shall provide that permits to construct
                                                    imposition of minor NSR emission                        attainment area, but would cause or                   and operate may be issued if ‘‘the
                                                    limits; rather, those limits would only                 contribute to a violation of a national               Administrator has not determined that
                                                    be imposed on a source that was denied                  ambient air quality standard (NAAQS)                  the applicable implementation plan is
                                                    registration and required to obtain a                   in any adjacent area. ADEQ’s rules                    not being adequately implemented for
                                                    permit meeting the minor NSR                            contained provisions for 40 CFR                       the nonattainment area in which the
                                                    requirements (which are in R18–2–334).                  51.165(b) in R18–2–406 that generally                 proposed source is to be constructed or
                                                    See revised R18–2–404(H).                               met this requirement. However, we                     modified.’’ We found in our 2015 NSR
                                                       We determined in our 2015 NSR                        found in our 2015 NSR action that                     action that ADEQ’s program did not
                                                    action that ADEQ’s NSR program                          ADEQ’s regulations referred to the                    contain this provision. ADEQ’s current
                                                    contained an apparent typographical                     State’s primary or secondary ambient air              SIP submittal has added this
                                                    error in R18–2–402 by including an                      quality standards, and thus did not fully             requirement. See revised R18–2–
                                                    incorrect cross reference that did not                  meet the requirements in 40 CFR                       403(A)(4).
                                                    meet the requirements of 40 CFR                         51.165(b)(1) and (2) as ADEQ’s program
                                                    51.165(a)(6) that ensures owners and                    did not ensure such standards would                   4. Deficiencies Corrected Related to the
                                                    operators document and maintain a                       apply to areas outside of Arizona. In this            CAA PSD Program
                                                    record of certain applicability-related                 current SIP submittal, ADEQ has                          In our 2015 NSR action, we found that
                                                    information. In its current submittal,                  addressed this issue by revising its                  ADEQ’s NSR rules often referred to
                                                    ADEQ has corrected this error; see                      program to instead refer to the NAAQS,                Articles 9 and/or 11 of ADEQ’s
                                                    revised R18–2–402(F)(1)(c).                             which are applicable in all areas. These              regulations where the federal
                                                    Additionally, we previously found that                  program requirements were removed                     regulations refer to 40 CFR parts 60, 61,
                                                    ADEQ’s NSR program did not require                      from R18–2–406 and included in the                    or 63; or, similarly, sections 111 or 112
                                                    owners or operators to make                             new R18–2–411—Permit Requirements                     of the Act (see 40 CFR
                                                    information required under 40 CFR                       for Sources that Locate in Attainment or              51.166(b)(1)(iii)(aa), (b)(12), (b)(16)(i),
                                                    51.165(a)(6) available for review upon                  Unclassifiable Areas and Cause or                     (b)(17), (b)(47)(ii)(c), (b)(49)(ii),
                                                    request by the Director or the public, as               Contribute to a Violation of any                      (i)(1)(ii)(aa), and (j)). Articles 9 and 11
                                                    required by 40 CFR 51.165(a)(7).                        National Ambient Air Quality Standard.                are where ADEQ incorporates by
                                                    ADEQ’s current submittal has added                      See revised R18–2–101(85), R18–2–                     reference the federal regulations in 40
                                                    this requirement; see revised R18–2–                    401(27), and newly adopted R18–2–411.                 CFR parts 60, 61, and 63 (which EPA
                                                    402(F)(7).                                                 In our 2015 NSR action, we found                   implements under sections 111 and 112
                                                       40 CFR 51.165(a)(9)(i) requires that                 certain deficiencies in ADEQ’s rules                  of the Act). However, these Articles
                                                    increases in emissions be offset by                     regarding requirements for Plantwide                  were not in the SIP, had not been
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                                                    reductions in emissions using a ratio of                Applicability Limits (or Actuals PALs),               submitted for SIP approval, and do not
                                                    emission decreases to emission                          which have been corrected in ADEQ’s                   necessarily contain provisions
                                                    increases of at least 1 to 1. ADEQ’s rules              2017 NSR submittal. First, ADEQ’s                     equivalent to all the subparts in parts
                                                    contained this requirement in R18–2–                    provisions for PALs did not specify that              60, 61, and 63. In its current SIP
                                                    404, but we found in our 2015 NSR                       modifications under a PAL do not need                 submittal, ADEQ has revised its rules to
                                                    action that it could have been                          approval through the nonattainment                    remove the references to Article 9 and
                                                    interpreted as establishing the ratio as                major NSR program as required by 40                   11 and instead reference the
                                                    increases to decreases, instead of                      CFR 51.165(f)(1)(iii)(B), as only the PSD             requirements in 40 CFR part 60, 61, or


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                                                    25218                    Federal Register / Vol. 82, No. 104 / Thursday, June 1, 2017 / Proposed Rules

                                                    63; and/or sections 111 and 112. See                    Major stationary source—see revised                   including nonattainment areas. This
                                                    revised R18–2–101(53)(a), (124)(b); R18–                R18–2–101(75) and R18–2–401(13), net                  deficiency has been corrected in the
                                                    2–401(11); R18–2–101(21); R18–2–                        emissions increase—see revised R18–2–                 current SIP submittal; see revised R18–
                                                    402(G)(2); and R18–2–406(A)(4).                         101(88), stationary source—see revised                2–217(A). ADEQ’s rules also previously
                                                       ADEQ adopted the PSD increments,                     R18–2–101(140), major source baseline                 contained provisions for allowing the
                                                    or maximum allowable increases, in                      date—see revised R18–2–218(B)(2)(b),                  State to redesignate certain areas under
                                                    R18–2–218—Limitation of Pollutants in                   baseline area—see revised R18–2–                      40 CFR 51.166(g), but they did not
                                                    Classified Attainment Areas. However,                   218(D), allowable emissions—see                       adequately meet the public participation
                                                    we determined in our 2015 NSR action                    revised R18–2–101(13)(b), federally                   requirements in 40 CFR 51.166(g)(2)(i).
                                                    that in other rules ADEQ used                           enforceable—see revised R18–2–                        ADEQ has now corrected this
                                                    ‘‘increment’’ or ‘‘incremental ambient                  101(53), complete—see revised R18–2–                  deficiency; see revised R18–2–217(F)(1).
                                                    standard’’ where it appeared the intent                 401(4), significant—see revised R18–2–                In addition, ADEQ’s provisions for
                                                    is to refer to the standards established                101(131), projected actual emissions—                 classifying areas to Class III did not
                                                    in R18–2–218 and identified in ADEQ’s                   see revised R18–2–401(23), and                        clearly identify which areas may be
                                                    rules as the ‘‘maximum allowable                        regulated NSR pollutant—see revised                   designated as Class III as specified in 40
                                                    increases.’’ ADEQ’s April 2017 NSR                      R18–2–101(124).                                       CFR 51.166(g)(3). ADEQ has now
                                                    submittal addresses this issue by                          Regarding restrictions on area                     corrected this deficiency; see revised
                                                    generally revising these references to                  classifications (as Class I, II or III), we           R18–2–217(G). Concerning 40 CFR
                                                    ‘‘maximum allowable increases.’’ See                    found in our 2015 NSR action that                     51.166(g)(3)(ii), ADEQ’s rules
                                                    revised R18–2–406(E), R18–2–                            ADEQ’s rules did not completely meet                  improperly allowed for redesignation to
                                                    412(G)(2)(b), R18–2–101(51).4                           the requirements of 40 CFR 51.166(e)                  be approved by the Governor’s designee.
                                                       In our 2015 NSR action, we found that                and section 162(a) of the Act, which                  This was inconsistent with 40 CFR
                                                    ADEQ’s program did not ensure that                      require certain areas in existence on                 51.166(g)(3)(ii), which specifically
                                                    sources subject to the PSD program                      August 7, 1977 to be designated as Class              requires the Governor’s approval. ADEQ
                                                    would be reviewed for compliance with                   I areas. ADEQ’s rules impermissibly                   has now corrected this deficiency; see
                                                    the 2012 PM2.5 NAAQS of 12.0 mg/m3,                     limited the consideration of boundary                 revised R18–2–217(F) and (G). In
                                                    which was effective March 18, 2013 (see                 changes to such Class I areas to those                meeting the requirements of 40 CFR
                                                    78 FR 3086). See 40 CFR                                 made prior to March 12, 1993. ADEQ                    51.166(g)(3)(iii), ADEQ rules R18–2–217
                                                    51.166(b)(2)(iii)(i)(2), (b)(35), (d),                  has now corrected this deficiency; see                also contained a reference to ‘‘maximum
                                                    (g)(3)(ii), (k), and (m)(1). This new                   revised R18–2–217(B). ADEQ’s rules                    allowable concentration’’ which
                                                    NAAQS is required to be implemented                     also did not contain a provision                      incorrectly referenced R18–2–218, and
                                                    for PSD sources (unless otherwise                       consistent with the federal regulatory                referenced only the State’s ambient air
                                                    grandfathered under provisions at 40                    requirement for Class I area                          quality standards, which do not
                                                    CFR 51.166(i)(10)) beginning with the                   redesignations prior to August 7, 1977 at             generally apply in areas outside of
                                                    effective date of the NAAQS. In its April               40 CFR 51.166(e)(2). ADEQ has now                     Arizona. In the current SIP submittal,
                                                    2017 NSR submittal, ADEQ revised its                    corrected this deficiency, see revised                ADEQ has corrected this deficiency; see
                                                    program to more broadly reference the                   R18–2–217(C). In addition, ADEQ’s                     revised R18–2–217(G)(4). Also, ADEQ’s
                                                    NAAQS, ensuring that this requirement                   rules did not include a provision that is             rules did not meet all the public notice
                                                    is met. See the revised R18–2–                          fully consistent with the requirements                requirements for redesignations under
                                                    218(F)(5)(b)(ii), R18–2–401(27), R18–2–                 related to designating areas as Class II              40 CFR 51.166(g)(3)(iv). ADEQ’s current
                                                    406(A)(5) and R18–2–407(B).                             areas in 40 CFR 51.166(e)(3). ADEQ                    submittal has corrected this deficiency;
                                                       In our 2015 NSR action, we noted that                corrected this deficiency, see the revised            see revised R18–2–217(G).
                                                    ADEQ’s PSD program, at R18–2–406(A),                    R18–2–217(D).                                            At the time of our 2015 NSR action,
                                                    contained a reference to rule R18–2–                       Regarding requirements for exclusions              ADEQ’s rules provided an exemption
                                                    408, but R18–2–408 was not in the SIP                   from increment consumption, we                        for certain portable stationary sources
                                                    and had not been submitted for SIP                      determined in our 2015 NSR action that                with a prior permit that contains
                                                    approval. ADEQ included R18–2–408 in                    ADEQ’s rules contained provisions that                requirements equivalent to the PSD
                                                    the April 2017 NSR submittal, and we                    allowed for certain temporary emissions               requirements in 40 CFR 51.166 (j)
                                                    are proposing to approve it into the SIP.               to be excluded from increment                         through (r). While this requirement was
                                                       In our 2015 NSR action, we                           consumption that did not conform with                 generally consistent with 40 CFR
                                                    determined that ADEQ’s definitions                      the requirements in 40 CFR                            51.166(i)(1)(iii), we found that ADEQ’s
                                                    applicable to the PSD program did not                   51.166(f)(1)(v) and (f)(4). ADEQ needed               rules impermissibly expanded this
                                                    fully meet 40 CFR 51.166(b)(1), which                   to remove the Director’s discretion to                exemption to portable sources that have
                                                    requires each state plan to contain                     extend the time allowed for temporary                 been issued nonattainment NSR permits
                                                    specific definitions for the PSD                        emissions, and to broaden the reference               and PAL permits. ADEQ has corrected
                                                    program. We have reviewed the revised                   to the State ambient air quality                      this deficiency. See revised R18–2–
                                                    definitions included in the current SIP                 standards to apply to any air quality                 406(E).
                                                    submittal as compared with the federal                  control region. In its current SIP                       In our 2015 NSR action, we
                                                    PSD definitions in 40 CFR 51.166(b) and                 submittal, ADEQ has corrected these                   determined that ADEQ’s rules did not
                                                    have found that ADEQ’s submittal                        deficiencies; see revised R18–2–                      clearly meet the requirements of 40 CFR
                                                    contains the definitions necessary to                   218(F)(5).                                            51.166(k)(1) because the relevant rule
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                                                    implement a PSD program. ADEQ made                         Regarding requirements for                         provision contained an ‘‘or’’ that could
                                                    revisions that corrected the following                  redesignating areas as Class I, II or II, in          be interpreted as allowing a source to
                                                    definitions from 40 CFR 51.166(b):                      our 2015 NSR action, we found that                    demonstrate it will not contribute to an
                                                                                                            ADEQ’s program incorrectly applied the                increase above the significance levels in
                                                      4 ADEQ also needs to correct this issue in R18–
                                                                                                            provisions in 40 CFR 51.166(g)(1) only                an adjacent nonattainment area in lieu
                                                    2–319(A)(3) and R18–2–320(B)(6) per our 2015 NSR
                                                    action. While ADEQ has recently revised these rules
                                                                                                            to attainment and unclassifiable areas.               of the demonstration required for the
                                                    to address this issue, they were not included in the    However, this portion of the PSD                      NAAQS and increments. In addition,
                                                    April 2017 NSR submittal.                               program applies to all areas of the State,            R18–2–406(A)(5)(a) requires that a


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                                                                             Federal Register / Vol. 82, No. 104 / Thursday, June 1, 2017 / Proposed Rules                                          25219

                                                    person applying for a PSD permit                        by 40 CFR 51.166(q)(2)(ii). ADEQ has                  5. Other Revisions and Changes to the
                                                    demonstrate that the project would not                  now corrected this deficiency. See R18–               EPA’s NSR Program and/or ADEQ’s
                                                    cause a violation of any maximum                        2–330(D). ADEQ’s rules also did not                   NSR Program
                                                    allowable increase over the baseline                    require ADEQ to notify the public of (1)                 Our review of ADEQ’s April 2017
                                                    concentration in ‘‘any attainment or                    the degree of increment consumption                   NSR submittal also considered whether
                                                    unclassifiable area,’’ but ADEQ’s                       that is expected from the source or                   ADEQ’s submittal was consistent with
                                                    definition for ‘‘attainment area’’ in the               modification, or (2) the Director’s                   other changes made to federal NSR
                                                    SIP limited attainment areas to those ‘‘in              preliminary determination, as required                program requirements following our
                                                    the state.’’ ADEQ has corrected these                   by 40 CFR 51.166(q)(2)(iii). ADEQ has                 2015 action. These changes include: The
                                                    deficiencies in its current SIP submittal.              corrected this deficiency. See revised                removal of vacated elements from the
                                                    See revised R18–2–406(A)(5) and R18–                    R18–2–402(I). ADEQ’s NSR program                      PSD program related to GHGs (August
                                                    2–101(19).                                              also did not require ADEQ to make                     19, 2015 at 80 FR 50199); revisions to
                                                       We determined in our 2015 NSR
                                                                                                            public comments and the written                       the public noticing provisions for
                                                    action that ADEQ’s rules did not
                                                                                                            notification of its final determination               permitting (October 18, 2016 at 81 FR
                                                    specifically address the requirements of
                                                    40 CFR 51.166(n)(1) and (3), which                      available in the same location as the                 71613); SIP requirements for PM2.5
                                                    require that (1) the owner or operator of               preliminary documents as required by                  nonattainment areas (August 24, 2016 at
                                                    a proposed source or modification                       40 CFR 51.166(q)(2)(vi) and (viii). ADEQ              81 FR 58010); and the 2015 ozone
                                                    submit all information necessary to                     has also corrected this deficiency; see               standard (October 26, 2015 at 80 FR
                                                    perform any analysis or make any                        revised R18–2–402(I).                                 65292). As discussed in further detail in
                                                    determination required under                                                                                  our TSD, we have determined that
                                                                                                               Regarding information required to be
                                                    procedures established in accordance                                                                          ADEQ’s program, as updated by the
                                                                                                            provided by the source, in our 2015
                                                    with 40 CFR 51.166, and (2) upon                                                                              current SIP submittal, meets the
                                                                                                            NSR action, we found that ADEQ’s rules                required elements of these regulatory
                                                    request of the state, the owner or                      contained a typographical error, which
                                                    operator also provide specified                                                                               revisions except for one disapproval
                                                                                                            did not ensure owners and operators                   issue that is already the subject of a
                                                    information concerning air quality                      would document and maintain records
                                                    impacts and growth. ADEQ has                                                                                  limited disapproval in our 2016 PM2.5
                                                                                                            of certain applicability-related                      precursor action. ADEQ intends to
                                                    corrected these deficiencies in its                     information as required by 40 CFR
                                                    current SIP submittal; see revised R18–                                                                       correct this deficiency in a separate SIP
                                                                                                            51.166(r)(6). ADEQ corrected this                     submittal. That is, no new disapproval
                                                    2–406(L).
                                                       Regarding requirements for sources                   deficiency; see revised R18–2–                        issues have been identified that are
                                                    impacting Class I areas, in our 2015 NSR                402(F)(6)(b). In addition, we found that              associated with these changes to the
                                                    action, we found that ADEQ’s rules did                  ADEQ’s submittal did not require                      federal NSR requirements.
                                                    not fully address the requirements in 40                owners or operators to make                              Additionally, in our 2015 NSR action
                                                    CFR 51.166(p)(1) that relate to                         information required under 40 CFR                     we finalized a partial disapproval of
                                                    notifications to EPA, although existing                 51.166(r)(6) available for review upon                ADEQ’s program related to the
                                                    SIP requirements in R9–3–304(H)                         request by the Director or the public as              significant monitoring concentration
                                                    partially addressed the requirements.                   required by 40 CFR 51.166(r)(7). ADEQ                 (SMC) for PM2.5 at 40 CFR
                                                    ADEQ now has corrected this issue by                    has corrected this deficiency in its                  51.166(i)(5)(i)(c). Our disapproval action
                                                    submitting R18–2–410 for SIP approval,                  current SIP submittal; see revised R18–               did not require ADEQ to revise its
                                                    which contain these requirements at                     2–402(F)(7).                                          program, as our action prevented this
                                                    R18–2–410(C)(1). In addition, we found                     In our 2015 NSR action, we identified              portion of ADEQ’s program from
                                                    in our 2015 NSR action that while                       a number of deficiencies in ADEQ’s                    becoming approved into the SIP.
                                                    ADEQ’s rules generally included the                     rules specifying the requirements for                 However, in its current SIP submittal,
                                                    requirements of 40 CFR 51.166(p)(3) at                  plantwide applicability limits (PALs),                ADEQ has updated its program to be
                                                    R18–2–406, ADEQ’s rule contained the                    which have been corrected in its April                consistent with the PM2.5 SMC, and our
                                                    phrase ‘‘no significant adverse impacts,’’              2015 NSR submittal. The issues are                    current action includes our proposed
                                                    which is inconsistent with the federal                                                                        approval of that change.
                                                                                                            similar to the issues discusses above for
                                                    regulation, which requires a                            PALs provisions for the NA–NSR                        C. Review of Rules Requested To Be
                                                    demonstration of ‘‘no adverse impacts.’’
                                                                                                            program. First, ADEQ’s program did not                Removed From the SIP
                                                    ADEQ has now corrected this
                                                                                                            include a definition for major emissions                In Table 2 of this preamble, we
                                                    deficiency; see revised R18–2–410(D).
                                                                                                            unit as required by 40 CFR                            identified the ADEQ rules we are
                                                    ADEQ’s program also contained
                                                    outdated maximum allowable increases                    51.166(w)(2)(iv). ADEQ has added the                  proposing to remove from the SIP as
                                                    for Class I areas that were not consistent              definition at R18–2–401(12). ADEQ’s                   part of this action. Except for R9–2–
                                                    with 40 CFR 51.166(p)(4). ADEQ has                      PAL provisions at R18–2–412(H)                        301(I) and (K) and R9–3–304(H), the
                                                    corrected this deficiency in the current                contained an incorrect reference, and                 ADEQ rules we are proposing to replace
                                                    SIP submittal; see revised R18–2–                       R18–2–412(H)(5) used ‘‘eliminated’’                   are older versions of the ADEQ rules in
                                                    410(F).                                                 where the federal regulation uses                     the April 2017 NSR submittal. The older
                                                       In our 2015 NSR action, we found that                ‘‘established’’, which prevented ADEQ’s               versions proposed for removal from the
                                                    certain PSD public participation                        rules from meeting 40 CFR 51.166(w)(9).               SIP contain deficiencies that ADEQ
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                                                    requirements were not adequately                        ADEQ has corrected these deficiencies;                needed to correct. R9–3–301(I) and (K)
                                                    addressed; these issues have been                       see revised R18–2–412(H)(4) and (5).                  and R9–3–304(H) are significantly older
                                                    corrected in ADEQ’s April 2017 NSR                      ADEQ’s PAL renewal provisions also                    rules that were approved into the SIP in
                                                    submittal. First, ADEQ’s rules did not                  contained incorrect references related to             1982 and 1983 that have since been
                                                    ensure that materials available during                  the requirements in 40 CFR                            repealed by ADEQ under State law, and
                                                    the public comment period are available                 51.166(w)(10). ADEQ has now corrected                 the corresponding updated provisions
                                                    in each region in which the proposed                    those references; see revised R18–2–                  are included in the April 2017 NSR
                                                    source would be constructed as required                 412(I)(1) and (4).                                    submittal.


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                                                    25220                    Federal Register / Vol. 82, No. 104 / Thursday, June 1, 2017 / Proposed Rules

                                                    D. Remaining NSR Deficiencies                           F. The EPA’s Recommendations To                       from the SIP—R9–3–301(I) and (K)—
                                                                                                            Further Improve the State’s Rules                     Installation Permits: General and R9–3–
                                                       As discussed previously, this action                                                                       304(H)—Installation Permits in
                                                    does not address all the outstanding                      The TSD describes additional rule
                                                                                                            revisions that we recommend that                      Attainment Areas—we are also
                                                    limited disapproval issues related to                                                                         proposing to approve newer, updated
                                                    ADEQ’s NSR program from our 2015                        ADEQ make the next time ADEQ
                                                                                                            modifies the rules.                                   requirements into the SIP that are at
                                                    NSR action and our 2016 PM2.5                                                                                 least as stringent.
                                                    precursor action. Our TSD provides a                    G. Do the rules meet the evaluation
                                                    summary of the remaining limited                        criteria under Section 110(l) and 193 of                 For the reasons set forth above, we
                                                    disapproval issues. Our 2015 NSR                        the Clean Air Act?                                    can approve the submitted NSR program
                                                    action triggered a CAA obligation for                                                                         under section 193 of the Act.
                                                    EPA to promulgate a FIP unless Arizona                     Section 110(l) states: ‘‘Each revision
                                                                                                            to an implementation plan submitted by                H. Conclusion
                                                    submits, and we approve, plan revisions
                                                    that correct the deficiencies within two                a State under this chapter shall be
                                                                                                                                                                    For the reasons stated above, and as
                                                    years of the effective date of our final                adopted by such State after reasonable
                                                                                                                                                                  explained further in our TSD, we find
                                                    action. In addition, for deficiencies                   notice and public hearing. The
                                                                                                            Administrator shall not approve a                     that the rules in ADEQ’s April 2017
                                                    pertaining to requirements under part D                                                                       NSR submittal satisfy the applicable
                                                    of title I of the CAA our action also                   revision of a plan if the revision would
                                                                                                            interfere with any applicable                         CAA and regulatory requirements for
                                                    triggers sanctions unless ADEQ submits                                                                        PSD, and nonattainment NSR permit
                                                    and we approve SIP revisions that                       requirement concerning attainment and
                                                                                                            reasonable further progress (as defined               programs under CAA section
                                                    correct the deficiencies before 18                                                                            110(a)(2)(C) and parts C and D of title I
                                                    months from our final action. The EPA                   in section 7501 of this title), or any
                                                                                                            other applicable requirement of this                  of the Act, with the exception of one
                                                    has preliminarily determined that                                                                             NA–NSR requirement relating to PM2.5
                                                    ADEQ’s April 2017 NSR submittal                         chapter.’’
                                                                                                               With respect to the procedural                     precursors that has already been
                                                    addresses the deficiencies under part D                                                                       identified as a disapproval issue in a
                                                                                                            requirements of CAA section 110(l),
                                                    of title I of the CAA identified as limited                                                                   previous action and which ADEQ
                                                                                                            based on our review of the public
                                                    disapproval issues in our 2015 NSR                                                                            intends to address in a later SIP
                                                                                                            process documentation included in
                                                    action. ADEQ intends to make an                                                                               submittal. The submitted NSR rules also
                                                                                                            ADEQ’s April 2017 NSR submittal, we
                                                    additional submittal in order to the meet                                                                     adequately address certain deficiencies
                                                                                                            find that ADEQ has provided sufficient
                                                    the FIP deadline of December 2, 2017                                                                          we identified in our 2015 NSR action
                                                                                                            evidence of public notice and
                                                    related to our 2015 action and the                                                                            concerning specific requirements in 40
                                                                                                            opportunity for comment and public
                                                    sanctions deadline of January 22, 2018                                                                        CFR 51.161 and 51.164 that were
                                                                                                            hearings prior to adoption and submittal
                                                    for our 2016 PM2.5 precursor action.
                                                                                                            of these rules to the EPA. With respect               evaluated as part of this action. Our
                                                    E. Federal Implementation Plan for                      to the substantive requirements of                    proposed approval is also consistent
                                                    GHGs and ADEQ’s PSD Program                             section 110(l), we have determined that               with section 110(l) and 193 of the Act.
                                                                                                            our approval of the 2017 NSR submittal                Accordingly, we are proposing to
                                                      ADEQ is currently subject to a FIP                    corrects numerous deficiencies in                     approve all the rules in ADEQ’s April
                                                    under the PSD program for GHGs                          ADEQ’s program and does not relax any                 2017 NSR submittal into the Arizona
                                                    because ADEQ has not adopted a PSD                      existing requirements in the Arizona                  SIP. In addition, we are also proposing
                                                    program for the regulation of GHGs. See                 SIP.                                                  to remove the existing SIP-approved
                                                    40 CFR 52.37. ADEQ’s April 2017 NSR                        For the reasons set forth above, we                rules listed in Table 2 from the SIP, as
                                                    submittal is not intended to correct this               can approve the ADEQ SIP revision as                  these rules are outdated and mostly
                                                    program deficiency, as regulation of                    proposed in this action under section                 being superseded by our proposed
                                                    GHG emissions is currently prohibited                   110(l) of the Act.                                    action.
                                                    under State law. See A.R.S. section 49–                    Section 193 of the Act, which was
                                                    191. In our final action, we intend to                  added by the Clean Air Act                            III. Public Comment and Proposed
                                                    move the codification of the FIP for                    Amendments of 1990, includes a                        Action
                                                    GHGs for areas under the jurisdiction of                savings clause that provides, in
                                                    ADEQ and certain other areas in                                                                                  As authorized in section 110(k)(3) of
                                                                                                            pertinent part: ‘‘No control requirement
                                                    Arizona from 40 CFR 52.37 to 40 CFR                                                                           the Act, the EPA proposes to fully
                                                                                                            in effect, or required to be adopted by
                                                    52.144, where the State of Arizona’s                                                                          approve the submitted rules into the
                                                                                                            an order, settlement agreement, or plan
                                                    PSD program approval is listed.                                                                               Arizona SIP because we believe they
                                                                                                            in effect before November 15, 1990, in
                                                    Previously, there were several other                                                                          fulfill all relevant requirements.
                                                                                                            any area which is a nonattainment area
                                                    states subject to the FIP for GHGs, and                 for any air pollutant may be modified                 Specifically, we are proposing approval
                                                    EPA applied the FIP to all such states,                 after November 15, 1990, in any manner                of the new and amended ADEQ
                                                    collectively, at 40 CFR 52.37. See 75 FR                unless the modification insures                       regulations listed in Table 1, above, as
                                                    82246 on Dec. 30, 2010. However, the                    equivalent or greater emission                        a revision to the ADEQ portion of the
                                                    State of Arizona is the only area that                  reductions of such air pollutant.’’ We                Arizona SIP. We are also proposing to
                                                    remains subject to this GHG-specific                    find that the provisions included in                  remove from the Arizona SIP the
                                                    FIP. Therefore, it is appropriate to move               ADEQ’s 2017 NSR submittal would                       existing rules listed in Table 2, as these
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                                                    the FIP provision to the regulatory                     ensure equivalent or greater emission                 rules are outdated and mostly being
                                                    section where Arizona’s PSD program is                  reductions as compared to the current                 superseded by our proposed action.
                                                    identified.                                             SIP-approved NSR program in the                          We will accept comments from the
                                                      In addition, if we finalize our action,               nonattainment areas under ADEQ’s                      public on this proposal until July 3,
                                                    we also intend to update 40 CFR 51.144                  jurisdiction. In addition, this action                2017. If we take final action to approve
                                                    to clarify that ADEQ has an approved                    does not modify any pre-1990                          the submitted rules, our final action will
                                                    PSD program, except for GHGs, under                     requirements. Although we are                         incorporate these rules into the federally
                                                    sections 160 through 165 of the Act.                    proposing to remove two pre-1990 rules                enforceable SIP.


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                                                                             Federal Register / Vol. 82, No. 104 / Thursday, June 1, 2017 / Proposed Rules                                          25221

                                                    IV. Incorporation by Reference                          application of those requirements would               ADDRESSES:   You may submit comments
                                                      In this rule, the EPA is proposing to                 be inconsistent with the Clean Air Act;               by either of the following methods:
                                                    include in a final EPA rule regulatory                  and                                                      • Email: secretary@fmc.gov. Include
                                                    text that includes incorporation by                        • Does not provide the EPA with the                in the subject line: ‘‘Docket No. 17–04,
                                                    reference. In accordance with                           discretionary authority to address, as                Regulatory Reform Initiative.’’
                                                    requirements of 1 CFR 51.5, the EPA is                  appropriate, disproportionate human                   Comments should be attached to the
                                                    proposing to incorporate by reference                   health or environmental effects, using                email as a Microsoft Word or text-
                                                    the ADEQ rule listed in Table 1 of this                 practicable and legally permissible                   searchable PDF document. Only non-
                                                    preamble. The EPA has made, and will                    methods, under Executive Order 12898                  confidential comments and public
                                                    continue to make, these materials                       (59 FR 7629, February 16, 1994).                      versions of confidential comments
                                                    available through www.regulations.gov                   In addition, the SIP is not approved to               should be submitted by email.
                                                    and at the EPA Region IX Office (please                 apply on any Indian reservation land or               Comments containing confidential
                                                    contact the person identified in the FOR                in any other area where the EPA or an                 information should not be submitted by
                                                    FURTHER INFORMATION CONTACT section of                  Indian tribe has demonstrated that a                  email.
                                                    this preamble for more information).                    tribe has jurisdiction. In those areas of                • Mail: Rachel E. Dickon, Assistant
                                                                                                            Indian country, the rule does not have                Secretary, Federal Maritime
                                                    V. Statutory and Executive Order                        tribal implications and will not impose               Commission, 800 North Capitol Street
                                                    Reviews                                                 substantial direct costs on tribal                    NW., Ste. 1046, Washington, DC 20573–
                                                       Under the CAA, the EPA                               governments or preempt tribal law as                  0001.
                                                    Administrator is required to approve a                  specified by Executive Order 13175 (65                   Docket: For access to the docket to
                                                    SIP submission that complies with the                   FR 67249, November 9, 2000).                          read background documents and
                                                    provisions of the Act and applicable                                                                          comments received, go to the
                                                                                                            List of Subjects in 40 CFR Part 52                    Commission’s Electronic Reading Room
                                                    Federal regulations. 42 U.S.C. 7410(k);
                                                    40 CFR 52.02(a). Thus, in reviewing SIP                   Environmental protection,                           at: http://www.fmc.gov/17-04.
                                                    submissions, the EPA’s role is to                       Administrative practice and procedure,                   Confidential Information: If your
                                                    approve state choices, provided that                    Air pollution control, Carbon monoxide,               comments contain confidential
                                                    they meet the criteria of the Act.                      Incorporation by reference,                           information, you must submit the
                                                    Accordingly, this action merely                         Intergovernmental relations, Lead,                    following:
                                                    approves state law as meeting Federal                   Nitrogen dioxide, Ozone, Particulate                     • A transmittal letter requesting
                                                    requirements and does not impose                        matter, Reporting and recordkeeping                   confidential treatment that identifies the
                                                    additional requirements beyond those                    requirements, Sulfur dioxide, Volatile                specific information in the comments
                                                    imposed by state law. For that reason,                  organic compounds.                                    for which protection is sought and
                                                    this action:                                              Authority: 42 U.S.C. 7401 et seq.
                                                                                                                                                                  demonstrates that the information is a
                                                       • Is not a significant regulatory action                                                                   trade secret or other confidential
                                                                                                              Dated: May 16, 2017.                                research, development, or commercial
                                                    subject to review by the Office of
                                                                                                            Alexis Strauss,                                       information.
                                                    Management and Budget under
                                                    Executive Orders 12866 (58 FR 51735,                    Acting Regional Administrator, Region IX.                • A confidential copy of your
                                                    October 4, 1993) and 13563 (76 FR 3821,                 [FR Doc. 2017–10946 Filed 5–31–17; 8:45 am]           comments, consisting of the complete
                                                    January 21, 2011);                                      BILLING CODE 6560–50–P                                filing with a cover page marked
                                                       • Does not impose an information                                                                           ‘‘Confidential-Restricted,’’ and the
                                                    collection burden under the provisions                                                                        confidential material clearly marked on
                                                    of the Paperwork Reduction Act (44                                                                            each page. You should submit the
                                                                                                            FEDERAL MARITIME COMMISSION
                                                    U.S.C. 3501 et seq.);                                                                                         confidential copy to the Commission by
                                                       • Is certified as not having a                       46 CFR Parts 515, 520, 525, 530, 531,                 mail.
                                                    significant economic impact on a                        532, 535, 540 and 565                                    • A public version of your comments
                                                    substantial number of small entities                                                                          with the confidential information
                                                    under the Regulatory Flexibility Act (5                 [Docket No. 17–04]                                    excluded. The public version must state
                                                    U.S.C. 601 et seq.);                                                                                          ‘‘Public Version—confidential materials
                                                                                                            RIN 3072–AC69                                         excluded’’ on the cover page and on
                                                       • Does not contain any unfunded
                                                    mandate or significantly or uniquely                                                                          each affected page, and must clearly
                                                                                                            Regulatory Reform Initiative
                                                    affect small governments, as described                                                                        indicate any information withheld. You
                                                    in the Unfunded Mandates Reform Act                     AGENCY:   Federal Maritime Commission.                may submit the public version to the
                                                    of 1995 (Pub. L. 104–4);                                ACTION:   Notice of inquiry.                          Commission by email or mail.
                                                       • Does not have Federalism                                                                                 The Commission will provide
                                                    implications as specified in Executive                  SUMMARY:   The Federal Maritime                       confidential treatment for the identified
                                                    Order 13132 (64 FR 43255, August 10,                    Commission (FMC or Commission) is                     confidential information to the extent
                                                    1999);                                                  issuing this Inquiry to solicit                       allowed by law.
                                                       • Is not an economically significant                 information and comments in an effort                 FOR FURTHER INFORMATION CONTACT: For
                                                    regulatory action based on health or                    to identify existing FMC regulations that             questions regarding submitting
                                                    safety risks subject to Executive Order                 are outdated, unnecessary, ineffective,               comments or the treatment of
jstallworth on DSK7TPTVN1PROD with PROPOSALS




                                                    13045 (62 FR 19885, April 23, 1997);                    eliminate jobs or inhibit job creation,               confidential information, contact Rachel
                                                       • Is not a significant regulatory action             impose costs that exceed benefits, or                 E. Dickon, Assistant Secretary, Federal
                                                    subject to Executive Order 13211 (66 FR                 otherwise interfere with regulatory                   Maritime Commission, 800 North
                                                    28355, May 22, 2001);                                   reform initiatives and policies. This                 Capitol Street NW., Ste. 1046,
                                                       • Is not subject to requirements of                  action is taken in conjunction with                   Washington, DC 20573–0001. Phone:
                                                    section 12(d) of the National                           Executive Order 13777, ‘‘Enforcing the                (202) 523–5725. Email: secretary@
                                                    Technology Transfer and Advancement                     Regulatory Reform Agenda.’’                           fmc.gov. For all other questions, contact
                                                    Act of 1995 (15 U.S.C. 272 note) because                DATES: Comments are due July 5, 2017.                 Karen V. Gregory, Managing Director,


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Document Created: 2017-06-01 03:05:13
Document Modified: 2017-06-01 03:05:13
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule.
DatesAny comments must arrive by July 3, 2017.
ContactLisa Beckham, EPA Region 9, (415) 972- 3811, [email protected]
FR Citation82 FR 25213 
CFR AssociatedEnvironmental Protection; Administrative Practice and Procedure; Air Pollution Control; Carbon Monoxide; Incorporation by Reference; Intergovernmental Relations; Lead; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Dioxide and Volatile Organic Compounds

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