82 FR 55966 - Approval of Arizona Air Plan Revisions, Arizona Department of Environmental Quality
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 82, Issue 226 (November 27, 2017)
Federal Register Volume 82, Issue 226 (November 27, 2017)
| Page Range | 55966-55968 | |
| FR Document | 2017-25567 |
[Federal Register Volume 82, Number 226 (Monday, November 27, 2017)] [Proposed Rules] [Pages 55966-55968] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-25567] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R09-OAR-2017-0468; FRL-9971-20-Region 9] Approval of Arizona Air Plan Revisions, Arizona Department of Environmental Quality AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is proposing to approve a revision to the Arizona Department of Environmental Quality (ADEQ) portion of the Arizona State Implementation Plan (SIP). This revision concerns emissions of lead-bearing fugitive dust from roads, storage piles and other activities associated with the primary copper smelter located in Hayden, Arizona. We are proposing to approve a state rule and associated appendix to regulate these emissions under the Clean Air Act (CAA or the Act). We are taking comments on this proposal and plan to follow with a final action. DATES: Any comments must arrive by December 27, 2017. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09- OAR-2017-0468 at http://www.regulations.gov, or via email to Christine Vineyard, Rulemaking Office at [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 [[Page 55967]] 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 http://www2.epa.gov/dockets/commenting-epa-dockets. FOR FURTHER INFORMATION CONTACT: Christine Vineyard, EPA Region IX, (415) 947-4125, [email protected]. SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and ``our'' refer to the EPA. Table of Contents I. The State's Submittal A. What rule and appendix did the State submit? B. Are there other versions of this rule and appendix? C. What is the purpose of the submitted rule and appendix? II. The EPA's Evaluation and Action A. How is the EPA evaluating the rule and appendix? B. Do the rule and appendix meet the evaluation criteria? C. EPA Recommendations To Further Improve the Rule and Appendix D. Public Comment and Proposed Action III. Incorporation by Reference IV. Statutory and Executive Order Reviews I. The State's Submittal A. What rule and appendix did the State submit? Table 1 lists the rule and appendix addressed by this proposal with the dates that they were submitted by ADEQ. Table 1--Submitted Rules ------------------------------------------------------------------------ Local agency Rule No. Rule title Submitted ------------------------------------------------------------------------ ADEQ............. R18-2-B1301.01......... Limits on Lead- 04/06/17 Bearing Fugitive Dust from the Hayden Smelter. ADEQ............. Appendix 15............ Test Methods 04/06/17 for Determining Opacity and Stabilization of Unpaved Roads. ------------------------------------------------------------------------ On July 17, 2017 the EPA determined that the submittal for ADEQ Rule R18-2-B1301.01 and Appendix 15 met the completeness criteria in 40 CFR part 51 Appendix V, which must be met before formal EPA review. B. Are there other versions of this rule and appendix? There are no previous versions of Rule 18-2-B1301.01 and Appendix 15 in the SIP. C. What is the purpose of the submitted rule and appendix? On November 12, 2008 the EPA published a final rule revising the lead National Ambient Air Quality Standards (NAAQS). The revisions to the primary and secondary lead NAAQS were to provide increased protection for children and other at-risk populations against an array of health effects including neurological effects. Section 110(a) of the CAA requires States to submit regulations that control lead emissions. ADEQ Rule R18-2-B1302.01 and Appendix 15 establish control requirements and test methods for lead-bearing fugitive dust sources at the Hayden primary copper smelter. The EPA's technical support document (TSD) has more information about this rule and appendix. II. The EPA's Evaluation and Action A. How is the EPA evaluating the rule and appendix? SIP rules must be enforceable (see CAA section 110(a)(2)), must not interfere with applicable requirements concerning attainment and reasonable further progress or other CAA requirements (see CAA section 110(l)), and must not modify certain SIP control requirements in nonattainment areas without ensuring equivalent or greater emissions reductions (see CAA section 193). On September 3, 2014 the EPA issued a final rule redesignating the Hayden, Arizona area to nonattainment for the 2008 lead NAAQS (79 FR 52205). Under CAA section 172(c)(1), the Arizona SIP must provide for implementation of all reasonably available control measures (RACM), including reasonably available control technology (RACT) for lead, and must provide for attainment of the NAAQS in the Hayden nonattainment area. The EPA will address the overall RACM/RACT requirement for the Hayden lead nonattainment area separately, in the context of our action on the ``SIP Revision: Hayden Lead Nonattainment Area'' submitted by ADEQ to the EPA on March 3, 2017. Therefore, our stringency evaluation considers whether Rule 18-2- B1301.01 implements reasonable controls for leaded fugitive dust at the Hayden primary copper smelter. Guidance and policy documents that we use to evaluate enforceability, revision/relaxation and rule stringency requirements for the applicable criteria pollutants include the following: 1. ``Addendum to the General Preamble for the Implementation of Title I of the Clean Air Act Amendments of 1990'' (58 FR 67748, December 22, 1993). 2. ``Issues Relating to VOC Regulation Cutpoints, Deficiencies, and Deviations,'' EPA, May 25, 1988 (the Bluebook, revised January 11, 1990). 3. ``Guidance Document for Correcting Common VOC & Other Rule Deficiencies,'' EPA Region 9, August 21, 2001 (the Little Bluebook). 4. ``Implementation of the 2008 Lead National Ambient Air Quality Standards Guide to Developing Reasonable Available Control Measures (RACM) for Controlling Lead Emissions,'' EPA-457/R-12-001, March 2012. B. Do the rule and appendix meet the evaluation criteria? We have determined that the rule and appendix are consistent with CAA requirements and relevant guidance regarding enforceability and SIP revisions. R18-2-B1301.01 establishes controls for lead-bearing fugitive dust emissions surrounding the Hayden copper smelter that include a facility-wide 20% opacity limit, wind fences for storage piles and chemical dust-suppression application for unpaved roads. Appendix 15 describes appropriate test methods to help ensure enforceability. We also have determined that R18-2-B1301.01 generally implements reasonably available controls for lead-bearing fugitive dust at the Hayden smelter. The TSD has more information on our evaluation. [[Page 55968]] C. EPA Recommendations To Further Improve the Rule and Appendix The TSD describes additional revisions that we recommend for the next time ADEQ modifies the rule and appendix. D. Public Comment and Proposed Action As authorized in section 110(k)(3) of the Act, the EPA proposes to fully approve the submitted rule and appendix because they fulfill all relevant requirements. We will accept comments from the public on this proposal until December 27, 2017. If we take final action to approve the submitted rule and appendix, our final action will incorporate them into the federally enforceable SIP. III. 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 rules described 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). IV. Statutory and Executive Order Reviews Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the Act and applicable federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, the EPA's role is to approve state choices, provided that they meet the criteria of the CAA. Accordingly, this proposed action merely proposes to approve state law as meeting federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this proposed action:Is not a ``significant regulatory action'' subject to review by the Office of Management and Budget under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); is not an Executive Order 13771 (82 FR 9339, February 2, 2017) regulatory action because SIP approvals are exempted under Executive Order 12866; does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4); does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the CAA; and does not provide the EPA with the discretionary authority to address disproportionate human health or environmental effects with practical, appropriate, and legally permissible methods under Executive Order 12898 (59 FR 7629, February 16, 1994). In addition, the SIP is not approved to apply on any Indian reservation land or in any other area where the EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the rule does not have tribal implications and will not impose substantial direct costs on tribal governments or preempt tribal law as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Lead, Particulate matter, Reporting and recordkeeping requirements. Authority: 42 U.S.C. 7401 et seq. Dated: November 16, 2017. Alexis Strauss, Acting Regional Administrator, Region IX. [FR Doc. 2017-25567 Filed 11-24-17; 8:45 am] BILLING CODE 6560-50-P
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Docket No. FAA–2017–0897; Airspace Class E airspace designations are effective September 15, 2017, is
Docket No. 17–ANM–22’’. The postcard published in paragraph 6005 of FAA amended as follows:
will be date/time stamped and returned Order 7400.11B, dated August 3, 2017, Paragraph 6005 Class E Airspace Areas
to the commenter. and effective September 15, 2017, which Extending Upward From 700 Feet or More
All communications received before is incorporated by reference in 14 CFR Above the Surface of the Earth.
the specified closing date for comments 71.1. The Class E airspace designations * * * * *
will be considered before taking action listed in this document will be
on the proposed rule. The proposal published subsequently in the Order. ANM UT E5 Spanish Fork, UT [New]
contained in this notice may be changed Spanish Fork Airport Springville-Woodhouse
Regulatory Notices and Analyses Field, UT
in light of the comments received. A
report summarizing each substantive The FAA has determined that this (Lat. 40°08′42″ N., long. 111°40′04″ W.)
public contact with FAA personnel regulation only involves an established That airspace extending upward from 700
concerned with this rulemaking will be body of technical regulations for which feet above the surface within a 6.5-mile
filed in the docket. frequent and routine amendments are radius of Spanish Fork Airport Springville-
necessary to keep them operationally Woodhouse Field.
Availability of NPRMs current, is non-controversial and Issued in Seattle, Washington, on
An electronic copy of this document unlikely to result in adverse or negative November 14, 2017.
may be downloaded through the comments. It, therefore: (1) Is not a Brian J. Johnson,
Internet at http://www.regulations.gov. ‘‘significant regulatory action’’ under Acting Manager, Operations Support Group,
Recently published rulemaking Executive Order 12866; (2) is not a Western Service Center.
documents can also be accessed through ‘‘significant rule’’ under DOT [FR Doc. 2017–25419 Filed 11–24–17; 8:45 am]
the FAA’s Web page at http:// Regulatory Policies and Procedures (44 BILLING CODE 4910–13–P
www.faa.gov/air_traffic/publications/ FR 11034; February 26, 1979); and (3)
airspace_amendments/. does not warrant preparation of a
You may review the public docket regulatory evaluation as the anticipated ENVIRONMENTAL PROTECTION
containing the proposal, any comments impact is so minimal. Since this is a AGENCY
received, and any final disposition in routine matter that will only affect air
person in the Dockets Office (see the traffic procedures and air navigation, it 40 CFR Part 52
ADDRESSES section for the address and is certified that this rule, when
promulgated, would not have a [EPA–R09–OAR–2017–0468; FRL–9971–20–
phone number) between 9:00 a.m. and Region 9]
5:00 p.m., Monday through Friday, significant economic impact on a
except federal holidays. An informal substantial number of small entities Approval of Arizona Air Plan
docket may also be examined during under the criteria of the Regulatory Revisions, Arizona Department of
normal business hours at the Northwest Flexibility Act. Environmental Quality
Mountain Regional Office of the Federal Environmental Review
Aviation Administration, Air Traffic AGENCY: Environmental Protection
Organization, Western Service Center, This proposal will be subject to an Agency (EPA).
Operations Support Group, 1601 Lind environmental analysis in accordance ACTION: Proposed rule.
Avenue SW., Renton, WA 98057. with FAA Order 1050.1F,
‘‘Environmental Impacts: Policies and SUMMARY: The Environmental Protection
Availability and Summary of Procedures’’ prior to any FAA final Agency (EPA) is proposing to approve a
Documents for Incorporation by regulatory action. revision to the Arizona Department of
Reference Environmental Quality (ADEQ) portion
List of Subjects in 14 CFR Part 71
This document proposes to amend of the Arizona State Implementation
FAA Order 7400.11B, Airspace Airspace, Incorporation by reference, Plan (SIP). This revision concerns
Designations and Reporting Points, Navigation (air). emissions of lead-bearing fugitive dust
dated August 3, 2017, and effective from roads, storage piles and other
The Proposed Amendment
September 15, 2017. FAA Order activities associated with the primary
Accordingly, pursuant to the copper smelter located in Hayden,
7400.11B is publicly available as listed
authority delegated to me, the Federal Arizona. We are proposing to approve a
in the ADDRESSES section of this
Aviation Administration proposes to state rule and associated appendix to
document. FAA Order 7400.11B lists
amend 14 CFR part 71 as follows: regulate these emissions under the
Class A, B, C, D, and E airspace areas,
air traffic service routes, and reporting Clean Air Act (CAA or the Act). We are
PART 71—DESIGNATION OF CLASS A, taking comments on this proposal and
points. B, C, D, AND E AIRSPACE AREAS; AIR plan to follow with a final action.
The Proposal TRAFFIC SERVICE ROUTES; AND
DATES: Any comments must arrive by
REPORTING POINTS
The FAA is proposing an amendment December 27, 2017.
to Title 14 Code of Federal Regulations ■ 1. The authority citation for 14 CFR ADDRESSES: Submit your comments,
(14 CFR) part 71 by establishing Class E part 71 continues to read as follows: identified by Docket ID No. EPA–R09–
pmangrum on DSK3GDR082PROD with PROPOSALS1
airspace extending upward from 700 Authority: 49 U.S.C. 106(f), 106(g), 40103, OAR–2017–0468 at http://
feet above the surface at Spanish Fork 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, www.regulations.gov, or via email to
Airport Springville-Woodhouse Field, 1959–1963 Comp., p. 389. Christine Vineyard, Rulemaking Office
Spanish Fork, UT, within a 6.5-mile at Vineyard.Christine@epa.gov. For
radius of the airport. This proposed § 71.1 [Amended] comments submitted at Regulations.gov,
airspace is necessary to support the new ■ 2. The incorporation by reference in follow the online instructions for
RNAV procedures for runways 12 and 14 CFR 71.1 of FAA Order 7400.11B, submitting comments. Once submitted,
30 for the safety and management of IFR Airspace Designations and Reporting comments cannot be removed or edited
operations at the airport. Points, dated August 3, 2017, and from Regulations.gov. For either manner
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![55968 Federal Register / Vol. 82, No. 226 / Monday, November 27, 2017 / Proposed Rules
C. EPA Recommendations To Further • is certified as not having a ENVIRONMENTAL PROTECTION
Improve the Rule and Appendix significant economic impact on a AGENCY
The TSD describes additional substantial number of small entities
under the Regulatory Flexibility Act (5 40 CFR Part 147
revisions that we recommend for the
next time ADEQ modifies the rule and U.S.C. 601 et seq.); [EPA–HQ–OW–2017–0584; FRL–9970–73–
appendix. • does not contain any unfunded OW]
D. Public Comment and Proposed mandate or significantly or uniquely
State of Idaho Voluntary Transfer of
Action affect small governments, as described Primacy of the Class II Underground
in the Unfunded Mandates Reform Act Injection Control Program to the
As authorized in section 110(k)(3) of of 1995 (Pub. L. 104–4);
the Act, the EPA proposes to fully Environmental Protection Agency
approve the submitted rule and • does not have Federalism
AGENCY: Environmental Protection
appendix because they fulfill all implications as specified in Executive Agency (EPA).
relevant requirements. We will accept Order 13132 (64 FR 43255, August 10,
ACTION: Proposed rule.
comments from the public on this 1999);
proposal until December 27, 2017. If we • is not an economically significant SUMMARY: The Environmental Protection
take final action to approve the regulatory action based on health or Agency (EPA) is providing notice of the
submitted rule and appendix, our final safety risks subject to Executive Order transfer of the state of Idaho’s
action will incorporate them into the 13045 (62 FR 19885, April 23, 1997); Underground Injection Control (UIC)
federally enforceable SIP. program for Class II injection wells from
• is not a significant regulatory action Idaho to EPA, and is concurrently
III. Incorporation by Reference subject to Executive Order 13211 (66 FR issuing a proposed rule to amend EPA’s
In this rule, the EPA is proposing to 28355, May 22, 2001); UIC regulations to reflect such transfer.
include in a final EPA rule regulatory • is not subject to requirements of This transfer would be effective upon
text that includes incorporation by Section 12(d) of the National publication in the Federal Register of a
reference. In accordance with Technology Transfer and Advancement final rule revising such regulations.
requirements of 1 CFR 51.5, the EPA is Act of 1995 (15 U.S.C. 272 note) because Idaho submitted a formal request that
proposing to incorporate by reference application of those requirements would EPA transfer and directly implement the
the ADEQ rules described in Table 1 of be inconsistent with the CAA; and Class II UIC Program. Idaho would
this preamble. The EPA has made, and maintain primacy for Class I, III, IV, and
• does not provide the EPA with the V injection wells pursuant to their EPA-
will continue to make, these materials
discretionary authority to address approved program in 1985.
available through www.regulations.gov
and at the EPA Region IX Office (please disproportionate human health or DATES: Comments must be received on
contact the person identified in the FOR environmental effects with practical, or before January 11, 2018. A public
FURTHER INFORMATION CONTACT section of appropriate, and legally permissible hearing will be held only if there is
this preamble for more information). methods under Executive Order 12898 significant public interest. Request for a
(59 FR 7629, February 16, 1994). public hearing will be accepted until
IV. Statutory and Executive Order December 12, 2017. Only if requested, a
Reviews In addition, the SIP is not approved
to apply on any Indian reservation land public hearing will be held on January
Under the CAA, the Administrator is or in any other area where the EPA or 8, 2018, from 2 p.m. to 5 p.m., at the
required to approve a SIP submission an Indian tribe has demonstrated that a Banner Bank Building, 950 W. Bannock
that complies with the provisions of the tribe has jurisdiction. In those areas of Street, Boise, Idaho. Requests for a
Act and applicable federal regulations. Indian country, the rule does not have public hearing may be mailed to: Evan
42 U.S.C. 7410(k); 40 CFR 52.02(a). Osborne, U.S. Environmental Protection
tribal implications and will not impose
Thus, in reviewing SIP submissions, the Agency, Region 10, 1200 6th Ave., OCE–
substantial direct costs on tribal
EPA’s role is to approve state choices, 101, Seattle, Washington 98101. For
governments or preempt tribal law as additional information regarding the
provided that they meet the criteria of
specified by Executive Order 13175 (65 public hearing, please contact Evan
the CAA. Accordingly, this proposed
action merely proposes to approve state FR 67249, November 9, 2000). Osborne (206) 553–1747 or
law as meeting federal requirements and List of Subjects in 40 CFR Part 52 osborne.evan@epa.gov.
does not impose additional ADDRESSES: Submit your comments,
requirements beyond those imposed by Environmental protection, Air identified by Docket ID No. EPA–HQ–
state law. For that reason, this proposed pollution control, Incorporation by OW–2017–0584, to the Federal
action: reference, Intergovernmental relations, eRulemaking Portal: http://
• Is not a ‘‘significant regulatory Lead, Particulate matter, Reporting and www.regulations.gov. Follow the online
action’’ subject to review by the Office recordkeeping requirements. instructions for submitting comments.
of Management and Budget under Authority: 42 U.S.C. 7401 et seq. Once submitted, comments cannot be
Executive Orders 12866 (58 FR 51735, edited or withdrawn. EPA may publish
October 4, 1993) and 13563 (76 FR 3821, Dated: November 16, 2017. any comment received to its public
pmangrum on DSK3GDR082PROD with PROPOSALS1
January 21, 2011); Alexis Strauss, docket. Do not submit electronically any
• is not an Executive Order 13771 (82 Acting Regional Administrator, Region IX. information you consider to be
FR 9339, February 2, 2017) regulatory [FR Doc. 2017–25567 Filed 11–24–17; 8:45 am] Confidential Business Information (CBI)
action because SIP approvals are BILLING CODE 6560–50–P
or other information whose disclosure is
exempted under Executive Order 12866; restricted by statute. Multimedia
• does not impose an information submissions (audio, video, etc.) must be
collection burden under the provisions accompanied by a written comment.
of the Paperwork Reduction Act (44 The written comment is considered the
U.S.C. 3501 et seq.); official comment and should include
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Document Created: 2017-11-25 01:09:00
Document Modified: 2017-11-25 01:09:00
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Proposed rule. | |
| Dates | Any comments must arrive by December 27, 2017. | |
| Contact | Christine Vineyard, EPA Region IX, (415) 947-4125, [email protected] | |
| FR Citation | 82 FR 55966 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Lead; Particulate Matter and Reporting and Recordkeeping Requirements |
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