83 FR 19631 - Air Plan Approval; Arizona; Stationary Sources; New Source Review
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 83, Issue 87 (May 4, 2018)
Federal Register Volume 83, Issue 87 (May 4, 2018)
| Page Range | 19631-19637 | |
| FR Document | 2018-09205 |
[Federal Register Volume 83, Number 87 (Friday, May 4, 2018)] [Rules and Regulations] [Pages 19631-19637] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-09205] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R09-OAR-2017-0255; FRL-9977-23--Region 9] Air Plan Approval; Arizona; Stationary Sources; New Source Review AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is taking final action to approve revisions to the Arizona Department of Environmental Quality (ADEQ) portion of the applicable Clean Air Act (CAA or Act) state implementation plan (SIP) for the State of Arizona (State). We are approving revisions that are primarily intended to correct deficiencies in ADEQ's SIP-approved rules for the issuance of New Source Review (NSR) permits for stationary sources, with a focus on the Act's preconstruction permit requirements for major sources and major modifications. This action also finalizes a conditional approval of ADEQ's NSR program with respect to the CAA requirements related to ammonia as a precursor to fine particulate matter (PM2.5 ) under the nonattainment NSR (NA-NSR) program requirements in CAA section 189(e). In addition, this action permanently terminates the sanctions clock associated with deficiencies being corrected by the rules being approved today, except that this action continues the deferral of sanctions under the Act related to PM2.5 precursors under section 189(e) of the Act for the NA-NSR program. DATES: This rule is effective June 4, 2018. ADDRESSES: The EPA has established a docket for this action under Docket ID No. EPA-R09-OAR-2017-0255. All documents in the docket are listed on the http://www.regulations.gov website. Although listed in the index, some information is not publicly available, e.g., Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the internet and will be publicly available only in hard copy form. Publicly available docket materials are available through http://www.regulations.gov, or please contact the person identified in the FOR FURTHER INFORMATION CONTACT section for additional availability information. FOR FURTHER INFORMATION CONTACT: Lisa Beckham, EPA Region IX, (415) 972-381, [email protected]. SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and ``our'' refer to the EPA. Table of Contents I. Proposed Actions II. Public Comments and the EPA's Responses III. EPA Action IV. Incorporation by Reference V. Statutory and Executive Order Reviews I. Proposed Actions On June 1, 2017 (82 FR 25213), the EPA proposed to approve the rules listed in Table 1, below, which were submitted by ADEQ on April 28, 2017 for approval into the ADEQ portion of the Arizona SIP (hereinafter referred to as the April 2017 NSR submittal). The submitted rules are from the Arizona Administrative Code, Title 18-- Environmental Quality, Chapter 2--Department of Environmental Quality-- Air Pollution Control, Articles 1 through 4. [[Page 19632]] Table 1--Submitted Rules Being Approved Into the Arizona SIP in This Action ------------------------------------------------------------------------ Rule Title State effective date ------------------------------------------------------------------------ R18-2-101 (except 20)....... Definitions......... March 21, 2017. R18-2-201................... Particulate Matter: March 21, 2017. PM10 and PM2.5. R18-2-203................... Ozone............... March 21, 2017. R18-2-217................... Designation and March 21, 2017. Classification of Attainment Areas. R18-2-218................... Limitation of March 21, 2017. Pollutants in Classified Attainment Areas. R18-2-330................... Public Participation March 21, 2017. R18-2-332................... Stack Height March 21, 2017. Limitation. R18-2-401................... Definitions......... March 21, 2017. R18-2-402................... General............. March 21, 2017. R18-2-403................... Permits for Sources March 21, 2017. Located in Nonattainment Areas. R18-2-404................... Offset Standards.... March 21, 2017. R18-2-405................... Special Rule for March 21, 2017. Major Sources of VOC or Nitrogen Oxides in Ozone Nonattainment Areas Classified as Serious or Severe. R18-2-406................... Permit Requirements March 21, 2017. for Sources Located in Attainment and Unclassifiable Areas. R18-2-407................... Air Quality Impact March 21, 2017. Analysis and Monitoring Requirements. R18-2-408................... Innovative Control March 21, 2017. Technology. R18-2-410................... Visibility and Air March 21, 2017. Quality Related Value Protection. R18-2-411................... Permit Requirements March 21, 2017. for Sources that Locate in Attainment or Unclassifiable Areas and Cause or Contribute to a Violation of Any National Ambient Air Quality Standard. R18-2-412................... PALs................ March 21, 2017. ------------------------------------------------------------------------ As discussed in our June 1, 2017 proposed action, these rule revisions are intended to correct deficiencies in ADEQ's SIP-approved NSR program related to the requirements under both part C (prevention of significant deterioration or PSD) and part D (NA-NSR) of title I of the Act, which apply to major stationary sources and major modifications of such sources. 82 FR 25213. These revisions are necessary to correct several deficiencies we identified in a 2015 EPA final rule action to update ADEQ's SIP-approved NSR program, as well as certain deficiencies with ADEQ's NSR program that were the focus of a 2016 EPA final rule action related to PM2.5 precursors under the NA-NSR program requirements in CAA section 189(e). See 80 FR 67319 (Nov. 2, 2015) and 81 FR 40525 (June 22, 2016). We proposed to approve the April 2017 NSR submittal because we determined that the rules in the submittal complied with the relevant CAA requirements, with one exception, which ADEQ had indicated that it intended to address with a later SIP submittal, as discussed further below. Our June 1, 2017 proposed action contains more information on the rules in the April 2017 NSR submittal and our evaluation. We also stated in our June 1, 2017 proposal that in our final action, we intended to update 40 CFR 52.144 to clarify that ADEQ has an approved PSD program, except for greenhouse gases (GHGs),\1\ under sections 160 through 165 of the Act. We explained that we would also move the codification of the PSD Federal Implementation Plan (FIP) for GHGs for Arizona from 40 CFR 52.37 to 40 CFR 52.144, where the State of Arizona's PSD program approval is listed. --------------------------------------------------------------------------- \1\ ADEQ is currently subject to a Federal Implementation Plan (FIP) under the PSD program for GHGs because ADEQ has not adopted a PSD program for the regulation of GHGs. ADEQ's April 2017 NSR submittal was not intended to correct this program deficiency, as regulation of GHG emissions is currently prohibited under State law. See A.R.S. section 49-191. --------------------------------------------------------------------------- The rules in the April 2017 NSR submittal will apply in all areas and to all stationary sources within Arizona for which ADEQ has CAA permitting jurisdiction. Currently, ADEQ has permitting jurisdiction for the following stationary source categories in all areas of Arizona: Smelting of metal ores, coal-fired electric generating stations, petroleum refineries, Portland cement plants, and portable sources. ADEQ also has permitting jurisdiction for major and minor sources in the following counties: Apache, Cochise, Coconino, Gila, Graham, Greenlee, La Paz, Mohave, Navajo, Santa Cruz, Yavapai, and Yuma. Finally, ADEQ has permitting jurisdiction over major sources in Pinal County \2\ and the Rosemont Copper Mine in Pima County. --------------------------------------------------------------------------- \2\ ADEQ has delegated implementation of the major source program to the Pinal County Air Quality Control District. --------------------------------------------------------------------------- Table 2 lists the existing rules in the Arizona SIP that would be superseded or removed from the ADEQ portion of the Arizona SIP as part of our action. These rules would generally be replaced in the SIP by the submitted set of rules listed in Table 1. Table 2--SIP Rules Being Removed From Arizona SIP in This Action ---------------------------------------------------------------------------------------------------------------- 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: PM10 09/23/2014 79 FR 56655 and PM2.5. R18-2-203........................ Ozone: One-hour Standard 09/23/2014 79 FR 56655 and Eight-hour Averaged Standard. R18-2-217........................ Designation and 11/2/2015 80 FR 67319 Classification of Attainment Areas. R18-2-218........................ Limitation of Pollutants in 11/2/2015 80 FR 67319 Classified Attainment Areas. [[Page 19633]] R18-2-330........................ Public Participation....... 11/2/2015 80 FR 67319 R18-2-332........................ Stack Height Limitation.... 11/2/2015 80 FR 67319 R18-2-401........................ Definitions................ 11/2/2015 80 FR 67319 R18-2-402........................ General.................... 11/2/2015 80 FR 67319 R18-2-403........................ Permits for Sources Located 11/2/2015 80 FR 67319 in Nonattainment Areas. R18-2-404........................ Offset Standards........... 11/2/2015 80 FR 67319 R18-2-405........................ Special Rule for Major 11/2/2015 80 FR 67319 Sources of VOC or Nitrogen Oxides in Ozone Nonattainment Areas Classified as Serious or Severe. R18-2-406........................ Permit Requirements for 11/2/2015 80 FR 67319 Sources Located in Attainment and Unclassifiable Areas. R18-2-407........................ Air Quality Impact Analysis 11/2/2015 80 FR 67319 and Monitoring Requirements. R18-2-412........................ PALs....................... 11/2/2015 80 FR 67319 ---------------------------------------------------------------------------------------------------------------- Simultaneously with our proposed approval action on June 1, 2017, we published a related interim final determination to defer sanctions. 82 FR 25203. This interim final determination was based on our proposed finding that with the April 2017 NSR submittal, the State had satisfied the requirements of part D of the CAA permitting program for areas under the jurisdiction of ADEQ with respect to issues that had been identified as the basis for an earlier final limited disapproval action on November 2, 2015, under title I, part D of the Act, relating to requirements for nonattainment areas. See 80 FR 67319 (Nov. 2, 2015). Subsequently, on January 10, 2018, the EPA supplemented its June 1, 2017 proposal on ADEQ's April 2017 NSR submittal to address the outstanding requirement that had been identified in the June 1, 2017 proposal. See 83 FR 1212. Specifically, we had found in our June 1, 2017 proposal that while ADEQ's updated NA-NSR program, as reflected in the April 2017 NSR submittal, included ammonia as a precursor to PM2.5 in PM2.5 nonattainment areas, the rules in the April 2017 NSR submittal did not define the term ``significant'' for purposes of applying the requirements of 40 CFR 51.165(a)(13) to modifications at existing major stationary sources of ammonia located in a PM2.5 nonattainment area, as required by 40 CFR 51.165(a)(1)(x)(F). ADEQ must address this requirement to fully resolve the deficiencies in its NA-NSR program related to PM2.5 precursors under the NA-NSR program requirements in CAA section 189(e) that were identified in our 2016 EPA final rule action. See 81 FR 40525 (June 22, 2016). To address this remaining deficiency, in a letter dated December 6, 2017, ADEQ committed to adopt certain rule revisions and/or make other specific demonstrations by March 31, 2019. The EPA therefore proposed a conditional approval of ADEQ's NA-NSR program pursuant to CAA section 110(k)(4) solely as it pertains to section 189(e) of the Act and the associated regulatory requirements for ammonia as a PM2.5 precursor in our supplemental action on January 10, 2018. In addition, simultaneously with our proposed conditional approval action on January 10, 2018, we published an interim final determination to defer sanctions based on that proposed conditional approval action and our June 1, 2017 proposed approval action. 83 FR 1995. The EPA made an interim final determination that the State had satisfied the requirements of part D of the CAA permitting program for areas under the jurisdiction of ADEQ with respect to fine particular matter (PM2.5 ) precursors under section 189(e). The effect of our interim final determination that the State has corrected the deficiency in the permitting program was that the imposition of sanctions that were triggered by our previous limited disapproval action on June 22, 2016 (at 81 FR 40525) was deferred. Our June 1, 2017 proposal, our January 10, 2018 supplemental proposal, and the two accompanying interim final determinations described above contain more information on the basis for the determinations we made in these actions. II. Public Comments and the EPA's Responses The EPA's proposal and supplemental proposal each provided for a 30-day public comment period. We did not receive any comments during the public comment period on our June 1, 2017 proposed approval action, and we received one supportive comment from the Wyoming Department of Environmental Quality on our concurrent interim final determination to defer sanctions. We received 12 anonymous comments on our January 10, 2018 supplemental proposal and/or the related interim final determination to defer sanctions. Commenters on our January 10, 2018 proposal and interim final determination generally raised issues that are outside of the scope of this rulemaking and interim final determination, including but not limited to the National Environmental Policy Act (NEPA), climate science, the Intergovernmental Panel on Climate Change, the Navajo Generating Station (located on Tribal land), forest management, wildfire suppression, GHGs and other emissions from wildfires, and the Cross-State Air Pollution Rule. We also received one comment that was supportive of ADEQ correcting deficiencies in its program. The EPA is required to approve a state submittal if the submittal meets all applicable requirements. 42 U.S.C. 7410(k)(3). Commenters did not raise any specific issues germane to the approvability of the April 2017 NSR submittal, which relates to the permitting of stationary sources, including any issues germane to our proposal to conditionally approve ADEQ's NA-NSR program pursuant to CAA section 110(k)(4) solely as it pertains to section 189(e) of the Act and the associated regulatory requirements for ammonia as a PM2.5 precursor. Commenters also did not raise any specific issues germane to our interim final determinations to defer sanctions. III. The EPA's Action No comments were submitted that change our assessment of the rules submitted in the 2017 ADEQ NSR submittal and proposed for approval into the Arizona SIP as described in our proposed actions, nor were any comments submitted that change our assessment that certain ADEQ rules should be removed from the Arizona SIP as discussed in our proposals. Therefore, as authorized in section 110(k)(3) of the Act, the EPA is approving the rules in the 2017 ADEQ NSR submittal, as described in Table 1 above, into the ADEQ portion of the [[Page 19634]] Arizona SIP, and the EPA is removing from the Arizona SIP the rules identified above in Table 2. Also, consistent with our proposal, we are moving the codification of the PSD FIP for GHGs for Arizona from 40 CFR 52.37 to 40 CFR 52.144, where the State of Arizona's PSD program approval is listed, and amending the regulatory text in 40 CFR 51.144 to clarify that ADEQ has an approved PSD program, except for GHGs, under sections 160 through 165 of the Act. As a result of this final approval action, the offset sanction in CAA section 179, which would have applied 18 months after the effective date of our November 2, 2015 limited disapproval action (80 FR 67319), and the highway funding sanction in CAA section 179, which would have applied six months after this offset sanction was imposed, are permanently terminated. We also received no comments that changed the determinations that were the basis for our proposed conditional approval action, thus we are finalizing a conditional approval of ADEQ's NA-NSR program solely with respect to ammonia as a precursor to PM2.5 under section 189(e) of the Act pursuant to CAA section 110(k)(4), as discussed in our supplemental proposal dated January 10, 2018. While we cannot grant full approval of the submittal at this time with respect to this issue, ADEQ has satisfactorily committed to address this deficiency by providing the EPA with a SIP submittal by March 31, 2019 that will include specific rule revisions and/or demonstrations that would adequately address this issue. If ADEQ submits the rule revisions and/or demonstrations that it has committed to submit by this deadline, and the EPA approves the submission, then this deficiency will be cured. However, if ADEQ fails to submit these revisions and/or demonstrations within the required timeframe, the conditional approval will become a disapproval for the specific issue of whether ADEQ's NA- NSR program meets the requirements of section 189(e) of the Act with respect to ammonia as a PM2.5 precursor, and the EPA will issue a finding of disapproval. The EPA is not required to propose the finding of disapproval. Further, as a result of our final approval action and our final conditional approval action with respect to PM2.5 precursors under section 189(e) of the Act, all sanctions and any sanction clocks triggered by our 2016 PM2.5 precursor action (81 FR 40525) continue to be deferred unless at a later date our conditional approval converts to a disapproval, or the EPA proposes to take or takes final action to disapprove in whole or in part the SIP submittal that ADEQ is required to submit to fulfill its commitment in the conditionally approved plan. Sanctions and sanctions clocks triggered by our 2016 PM2.5 precursor action would be permanently terminated on the effective date of a final approval of the SIP submittal that ADEQ submits to fulfill the commitment in the conditionally approved plan. IV. Incorporation by Reference In this rule, the EPA is finalizing regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, the EPA is finalizing the incorporation by reference of the ADEQ rules described in the amendments to 40 CFR part 52 set forth below. The EPA has made, and will continue to make, these documents available through www.regulations.gov and at the EPA Region IX Office (please contact the person identified in the FOR FURTHER INFORMATION CONTACT section of this preamble for more information). Therefore, these materials have been approved by the EPA for inclusion in the Arizona SIP, have been incorporated by reference by the EPA into that plan, are fully federally enforceable under sections 110 and 113 of the CAA as of the effective date of the final rulemaking of the EPA's approval, and will be incorporated by reference in the next update to the SIP compilation.\3\ --------------------------------------------------------------------------- \3\ 62 FR 27968 (May 22, 1997). --------------------------------------------------------------------------- V. Statutory and Executive Order Reviews Under the CAA, the EPA Administrator is required to approve a SIP submission that complies with the provisions of the Act and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, the EPA's role is to approve state choices, provided that they meet the criteria of the Act. Accordingly, this action merely approves state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action:Is not a significant regulatory action subject to review by the Office of Management and Budget under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); Is not an Executive Order 13771 (82 FR 9339, February 3, 2017) regulatory action because SIP approvals are exempted under Executive Order 12866; Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); Does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4); Does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); Is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the Clean Air Act; and Does not provide the EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). In addition, the SIP is not approved to apply on any Indian reservation land or in any other area where the EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the rule does not have tribal implications and will not impose substantial direct costs on tribal governments or preempt tribal law as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. The EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a [[Page 19635]] ``major rule'' as defined by 5 U.S.C. 804(2). Under section 307(b)(1) of the CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by July 3, 2018. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this rule for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements. (See CAA section 307(b)(2).) List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Carbon monoxide, Incorporation by reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. Dated: April 18, 2018. Alexis Strauss, Acting Regional Administrator, Region IX. For the reasons stated in the preamble, part 52, chapter I, title 40 of the Code of Federal Regulations is amended as follows: PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 0 1. The authority citation for part 52 continues to read as follows: Authority: 42 U.S.C. 7401 et seq. Subpart A--General Provisions Sec. 52.37 [Removed and Reserved] 0 2. Section 52.37 is removed and reserved. Subpart D--Arizona 0 3. Section 52.119 is added to read as follows: Sec. 52.119 Identification of plan--conditional approvals. This section identifies plan revisions that are conditionally approved based upon commitments received from the State. (a) A plan revision for the Arizona Department of Environmental Quality (ADEQ) submitted April 28, 2017, by the Governor's designee, updating ADEQ's Clean Air Act (CAA) new source review (NSR) program only with respect to the CAA requirements related to ammonia as a precursor to PM 2.5 under the nonattainment NSR program requirements in CAA section 189(e). This plan revision is conditionally approved as follows: (1) The conditional approval is based upon the December 6, 2017 commitment from the State to submit a SIP revision to the EPA by March 31, 2019 consisting of rule revisions and/or demonstrations that will correct the deficiencies identified with this submittal, as specified in ADEQ's December 6, 2017 commitment letter. If the State fails to meet its commitment by March 31, 2019, the conditional approval will be treated as a disapproval only with respect to the CAA requirements related to ammonia as a precursor to PM2.5 under the nonattainment NSR program requirements in CAA section 189(e). (2) [Reserved] (b) [Reserved] 0 4. In Sec. 52.120, paragraph (c), Table 2 is amended: 0 a. Under Title 9, Chapter 3, by removing the center heading ``Article 3'' and entries ``R9-3-301, paragraphs I and K'' and ``R9-3-304, paragraph H''; 0 b. Under Title 18, Chapter 2, Article 1, by: 0 i. Removing entries ``R18-2-101, definitions (2), (32), (87), (109), and (122)'' and ``R18-2-101 excluding definitions (2), (20), (32), (87), (109), and (122)''; and 0 ii. Adding, in numerical order, the entry ``R18-2-101 (except 20)''; 0 c. Under Title 18, Chapter 2, Article 2, by revising the entries for ``R18-2-201,'' ``R18-2-203,'' ``R18-2-217,'' and ``R18-2-218''; 0 d. Under Title 18, Chapter 2, Article 3, by revising the entries for ``R18-2-330'' and ``R18-2-332''; and 0 e. Under Title 18, Chapter 2, Article 4, by: 0 i. Revising the entries for ``R18-2-401'' through ``R18-2-406''; 0 ii. Removing the entry ``R18-2-407, excluding subsection (H)(1)(c)''; 0 iii. Adding, in numerical order, the entries ``R18-2-407,'' ``R-18-2- 408,'' ``R18-2-410,'' and ``R18-2-411;'' and 0 iv. Revising the entry for ``R18-2-412''. The addition and revisions read as follows: Sec. 52.120 Identification of plan. * * * * * (c) * * * Table 2--EPA-Approved Arizona Regulations ---------------------------------------------------------------------------------------------------------------- State effective Additional State citation Title/subject date EPA approval date explanation ---------------------------------------------------------------------------------------------------------------- Arizona Administrative Code ---------------------------------------------------------------------------------------------------------------- * * * * * * * ---------------------------------------------------------------------------------------------------------------- Title 18 (Environmental Quality) ---------------------------------------------------------------------------------------------------------------- Chapter 2 (Department of Environmental Quality Air Pollution Control) ---------------------------------------------------------------------------------------------------------------- Article 1 (General) ---------------------------------------------------------------------------------------------------------------- R18-2-101 (except 20).......... Definitions........... March 21, 2017... [INSERT Federal Submitted on Register April 28, 2017. CITATION], May 4, 2018. * * * * * * * ---------------------------------------------------------------------------------------------------------------- Article 2 (Ambient Air Quality Standards; Area Designations; Classifications) ---------------------------------------------------------------------------------------------------------------- R18-2-201...................... Particulate Matter: March 21, 2017... [INSERT Federal Submitted on PM10 and PM2.5. Register April 28, 2017. CITATION], May 4, 2018. [[Page 19636]] * * * * * * * R18-2-203...................... Ozone................. March 21, 2017... [INSERT Federal Submitted on Register April 28, 2017. CITATION], May 4, 2018. * * * * * * * R18-2-217...................... Designation and March 21, 2017... [INSERT Federal Submitted on Classification of Register April 28, 2017. Attainment Areas. CITATION], May 4, 2018. R18-2-218...................... Limitation of March 21, 2017... [INSERT Federal Submitted on Pollutants in Register April 28, 2017. Classified Attainment CITATION], May Areas. 4, 2018. * * * * * * * ---------------------------------------------------------------------------------------------------------------- Article 3 (Permits and Permit Revisions) ---------------------------------------------------------------------------------------------------------------- * * * * * * * R18-2-330...................... Public Participation.. March 21, 2017... [INSERT Federal Submitted on Register April 28, 2017. CITATION], May 4, 2018. R18-2-332...................... Stack Height March 21, 2017... [INSERT Federal Submitted on Limitation. Register April 28, 2017. CITATION], May 4, 2018. * * * * * * * ---------------------------------------------------------------------------------------------------------------- Article 4 (Permit Requirements for New Major Sources and Major Modifications to Existing Major Sources) ---------------------------------------------------------------------------------------------------------------- R18-2-401...................... Definitions........... March 21, 2017... [INSERT Federal Submitted on Register April 28, 2017. CITATION], May 4, 2018. R18-2-402...................... General............... March 21, 2017... [INSERT Federal Submitted on Register April 28, 2017. CITATION], May 4, 2018. R18-2-403...................... Permits for Sources R18-2-403........ [INSERT Federal Submitted on Located in Register April 28, 2017. Nonattainment Areas. CITATION], May 4, 2018. R18-2-404...................... Offset Standards...... March 21, 2017... [INSERT Federal Submitted on Register April 28, 2017. CITATION], May 4, 2018. R18-2-405...................... Special Rule for Major March 21, 2017... [INSERT Federal Submitted on Sources of VOC or Register April 28, 2017. Nitrogen Oxides in CITATION], May Ozone Nonattainment 4, 2018. Areas Classified as Serious or Severe. R18-2-406...................... Permit Requirements March 21, 2017... [INSERT Federal Submitted on for Sources Located Register April 28, 2017. in Attainment and CITATION], May Unclassifiable Areas. 4, 2018. R18-2-407...................... Air Quality Impact March 21, 2017... [INSERT Federal Submitted on Analysis and Register April 28, 2017. Monitoring CITATION], May Requirements. 4, 2018. R18-2-408...................... Innovative Control March 21, 2017... [INSERT Federal Submitted on Technology. Register April 28, 2017. CITATION], May 4, 2018. * * * * * * * R18-2-410...................... Visibility and Air March 21, 2017... [INSERT Federal Submitted on Quality Related Value Register April 28, 2017. Protection. CITATION], May 4, 2018. R18-2-411...................... Permit Requirements March 21, 2017... [INSERT Federal Submitted on for Sources that Register April 28, 2017. Locate in Attainment CITATION], May or Unclassifiable 4, 2018. Areas and Cause or Contribute to a Violation of Any National Ambient Air Quality Standard. R18-2-412...................... PALs.................. March 21, 2017... [INSERT Federal Submitted on Register April 28, 2017. CITATION], May 4, 2018. * * * * * * * ---------------------------------------------------------------------------------------------------------------- [[Page 19637]] * * * * * 0 5. Section 52.144 is amended by adding paragraph (c) to read as follows: Sec. 52.144 Significant deterioration of air quality. * * * * * (c) The requirements of sections 160 through 165 of the Clean Air Act are met as they apply to stationary sources under the jurisdiction of the Arizona Department of Environmental Quality (ADEQ), except with respect to emissions of greenhouse gases (GHGs) (as defined in Sec. 52.21(b)(49)(i)). Therefore, the provisions of Sec. 52.21, except paragraph (a)(1) of this section, for GHGs are hereby made a part of the plan for stationary sources under the jurisdiction of ADEQ as it applies to the stationary sources described in Sec. 52.21(b)(49)(iv). [FR Doc. 2018-09205 Filed 5-3-18; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 83, No. 87 / Friday, May 4, 2018 / Rules and Regulations 19631
ACTION:Notice of deviation from maintenance work. A temporary major modifications. This action also
drawbridge regulation. platform is installed beneath the finalizes a conditional approval of
drawspan of the highway drawbridge ADEQ’s NSR program with respect to
SUMMARY: The Coast Guard has modified reducing he vertical clearance by 3 feet. the CAA requirements related to
a temporary deviation from the This temporary deviation modification ammonia as a precursor to fine
operating schedule that governs the has been coordinated with waterway particulate matter (PM2.5) under the
California Department of Transportation users. No objections to the proposed nonattainment NSR (NA–NSR) program
Highway and Bicycle drawbridges temporary deviation modification were requirements in CAA section 189(e). In
across San Leandro Bay, mile 0.0 and raised. addition, this action permanently
mile 0.1, between Alameda and Bay Vessels able to pass through the terminates the sanctions clock
Farm Island, CA. The modified bridge in the closed position may do so associated with deficiencies being
deviation extends the period the bridges at any time. The bridge will not be able corrected by the rules being approved
may remain in the closed-to-navigation to open for emergencies and Oakland today, except that this action continues
position and is necessary to allow the Inner Harbor Tidal Canal can be used as the deferral of sanctions under the Act
bridge owner to complete major an alternate route for vessels unable to related to PM2.5 precursors under
rehabilitation and maintenance. pass through the bridges in the closed section 189(e) of the Act for the NA–
DATES: This modified deviation is position. The Coast Guard will also NSR program.
effective from 6 p.m. on May 27, 2018 inform the users of the waterway DATES: This rule is effective June 4,
through 9 p.m. on June 7, 2018. through our Local and Broadcast 2018.
ADDRESSES: The docket for this Notices to Mariners of the change in
deviation, USCG–2017–1074, is operating schedule for the bridges so ADDRESSES: The EPA has established a
available at http://www.regulations.gov. vessel operators can arrange their docket for this action under Docket ID
Type the docket number in the transits to minimize any impact caused No. EPA–R09–OAR–2017–0255. All
‘‘SEARCH’’ box and click ‘‘SEARCH.’’ by the temporary deviation. documents in the docket are listed on
Click on Open Docket Folder on the line In accordance with 33 CFR 117.35(e), the http://www.regulations.gov website.
associated with this deviation. the drawbridges must return to their Although listed in the index, some
regular operating schedule immediately information is not publicly available,
FOR FURTHER INFORMATION CONTACT: If
at the end of the effective period of this e.g., Confidential Business Information
you have questions on this temporary (CBI) or other information whose
deviation, call or email Carl T. Hausner, temporary deviation. This deviation
from the operating regulations is disclosure is restricted by statute.
Chief, Bridge Section, Eleventh Coast Certain other material, such as
Guard District; telephone 510–437– authorized under 33 CFR 117.35.
copyrighted material, is not placed on
3516; email Carl.T.Hausner@uscg.mil. Dated: April 30, 2018. the internet and will be publicly
SUPPLEMENTARY INFORMATION: On Carl T. Hausner, available only in hard copy form.
December 20, 2017, the Coast Guard District Bridge Chief, Eleventh Coast Guard Publicly available docket materials are
published a temporary deviation District. available through http://
entitled ‘‘Drawbridge Operation [FR Doc. 2018–09432 Filed 5–3–18; 8:45 am] www.regulations.gov, or please contact
Regulation; San Leandro Bay, between BILLING CODE 9110–04–P the person identified in the FOR FURTHER
Alameda and Bay Farm Island, INFORMATION CONTACT section for
California’’ in the Federal Register (82 additional availability information.
FR 60315). That temporary deviation, ENVIRONMENTAL PROTECTION FOR FURTHER INFORMATION CONTACT: Lisa
from 6 a.m. on January 2, 2018 to 6 p.m. AGENCY Beckham, EPA Region IX, (415) 972–
on May 27, 2018, allows the drawspans
381, beckham.lisa@epa.gov.
to be secured in the closed-to-navigation 40 CFR Part 52
position. The bridge owner, the SUPPLEMENTARY INFORMATION:
California Department of [EPA–R09–OAR–2017–0255; FRL–9977– Throughout this document, ‘‘we,’’ ‘‘us’’
Transportation, has requested a 23—Region 9] and ‘‘our’’ refer to the EPA.
modification to the currently published Air Plan Approval; Arizona; Stationary Table of Contents
deviation, extending it from 6 p.m. on Sources; New Source Review I. Proposed Actions
May 27, 2018 to 9 p.m. on June 7, 2018 II. Public Comments and the EPA’s
in order to complete major AGENCY: Environmental Protection Responses
rehabilitation and maintenance of the Agency (EPA). III. EPA Action
drawbridges. ACTION: Final rule. IV. Incorporation by Reference
The highway drawbridge navigation V. Statutory and Executive Order Reviews
span provides a vertical clearance of 20 SUMMARY: The Environmental Protection
feet above Mean High Water in the Agency (EPA) is taking final action to I. Proposed Actions
closed-to-navigation position. The approve revisions to the Arizona On June 1, 2017 (82 FR 25213), the
bicycle drawbridge navigation span Department of Environmental Quality EPA proposed to approve the rules
provides a vertical clearance of 26 feet (ADEQ) portion of the applicable Clean listed in Table 1, below, which were
above Mean High Water in the closed- Air Act (CAA or Act) state submitted by ADEQ on April 28, 2017
to-navigation position. The draws implementation plan (SIP) for the State for approval into the ADEQ portion of
operate as required by 33 CFR 117.193. of Arizona (State). We are approving the Arizona SIP (hereinafter referred to
Navigation on the waterway is revisions that are primarily intended to as the April 2017 NSR submittal). The
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commercial and recreational. correct deficiencies in ADEQ’s SIP- submitted rules are from the Arizona
The drawspans will be secured in the approved rules for the issuance of New Administrative Code, Title 18—
closed-to-navigation position from 6 Source Review (NSR) permits for Environmental Quality, Chapter 2—
p.m. on May 27, 2018 through 9 p.m. on stationary sources, with a focus on the Department of Environmental Quality—
June 7, 2018, to allow the bridge to Act’s preconstruction permit Air Pollution Control, Articles 1
complete major rehabilitation and requirements for major sources and through 4.
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![Federal Register / Vol. 83, No. 87 / Friday, May 4, 2018 / Rules and Regulations 19635
‘‘major rule’’ as defined by 5 U.S.C. Subpart A—General Provisions under the nonattainment NSR program
804(2). requirements in CAA section 189(e).
Under section 307(b)(1) of the CAA, § 52.37 [Removed and Reserved] (2) [Reserved]
petitions for judicial review of this ■ 2. Section 52.37 is removed and (b) [Reserved]
action must be filed in the United States reserved. ■ 4. In § 52.120, paragraph (c), Table 2
Court of Appeals for the appropriate is amended:
circuit by July 3, 2018. Filing a petition Subpart D—Arizona ■ a. Under Title 9, Chapter 3, by
for reconsideration by the Administrator removing the center heading ‘‘Article 3’’
of this final rule does not affect the ■ 3. Section 52.119 is added to read as and entries ‘‘R9–3–301, paragraphs I
finality of this rule for the purposes of follows: and K’’ and ‘‘R9–3–304, paragraph H’’;
judicial review nor does it extend the ■ b. Under Title 18, Chapter 2, Article
time within which a petition for judicial § 52.119 Identification of plan—conditional
approvals. 1, by:
review may be filed, and shall not ■ i. Removing entries ‘‘R18–2–101,
postpone the effectiveness of such rule This section identifies plan revisions definitions (2), (32), (87), (109), and
or action. This action may not be that are conditionally approved based (122)’’ and ‘‘R18–2–101 excluding
challenged later in proceedings to upon commitments received from the definitions (2), (20), (32), (87), (109), and
enforce its requirements. (See CAA State. (122)’’; and
section 307(b)(2).) (a) A plan revision for the Arizona ■ ii. Adding, in numerical order, the
List of Subjects in 40 CFR Part 52 Department of Environmental Quality entry ‘‘R18–2–101 (except 20)’’;
(ADEQ) submitted April 28, 2017, by ■ c. Under Title 18, Chapter 2, Article
Environmental protection, Air the Governor’s designee, updating 2, by revising the entries for ‘‘R18–2–
pollution control, Carbon monoxide, ADEQ’s Clean Air Act (CAA) new 201,’’ ‘‘R18–2–203,’’ ‘‘R18–2–217,’’ and
Incorporation by reference, source review (NSR) program only with ‘‘R18–2–218’’;
Intergovernmental relations, Lead, respect to the CAA requirements related ■ d. Under Title 18, Chapter 2, Article
Nitrogen dioxide, Ozone, Particulate to ammonia as a precursor to PM2.5 3, by revising the entries for ‘‘R18–2–
matter, Reporting and recordkeeping under the nonattainment NSR program 330’’ and ‘‘R18–2–332’’; and
requirements, Sulfur oxides, Volatile requirements in CAA section 189(e). ■ e. Under Title 18, Chapter 2, Article
organic compounds. This plan revision is conditionally 4, by:
Dated: April 18, 2018. approved as follows: ■ i. Revising the entries for ‘‘R18–2–
Alexis Strauss, (1) The conditional approval is based 401’’ through ‘‘R18–2–406’’;
Acting Regional Administrator, Region IX. upon the December 6, 2017 commitment ■ ii. Removing the entry ‘‘R18–2–407,
For the reasons stated in the from the State to submit a SIP revision excluding subsection (H)(1)(c)’’;
preamble, part 52, chapter I, title 40 of to the EPA by March 31, 2019 consisting ■ iii. Adding, in numerical order, the
the Code of Federal Regulations is of rule revisions and/or demonstrations entries ‘‘R18–2–407,’’ ‘‘R–18–2–408,’’
amended as follows: that will correct the deficiencies ‘‘R18–2–410,’’ and ‘‘R18–2–411;’’ and
identified with this submittal, as ■ iv. Revising the entry for ‘‘R18–2–
PART 52—APPROVAL AND specified in ADEQ’s December 6, 2017 412’’.
PROMULGATION OF commitment letter. If the State fails to The addition and revisions read as
IMPLEMENTATION PLANS meet its commitment by March 31, follows:
2019, the conditional approval will be
■ 1. The authority citation for part 52 treated as a disapproval only with § 52.120 Identification of plan.
continues to read as follows: respect to the CAA requirements related * * * * *
Authority: 42 U.S.C. 7401 et seq. to ammonia as a precursor to PM2.5 (c) * * *
TABLE 2—EPA-APPROVED ARIZONA REGULATIONS
State citation Title/subject State effective date EPA approval date Additional explanation
Arizona Administrative Code
* * * * * * *
Title 18 (Environmental Quality)
Chapter 2 (Department of Environmental Quality Air Pollution Control)
Article 1 (General)
R18–2–101 (except Definitions ...................................................... March 21, 2017 ......... [INSERT Federal Submitted on April 28,
20). Register CITA- 2017.
TION], May 4, 2018.
* * * * * * *
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Article 2 (Ambient Air Quality Standards; Area Designations; Classifications)
R18–2–201 ................. Particulate Matter: PM10 and PM2.5 .............. March 21, 2017 ......... [INSERT Federal Submitted on April 28,
Register CITA- 2017.
TION], May 4, 2018.
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![19636 Federal Register / Vol. 83, No. 87 / Friday, May 4, 2018 / Rules and Regulations
TABLE 2—EPA-APPROVED ARIZONA REGULATIONS—Continued
State citation Title/subject State effective date EPA approval date Additional explanation
* * * * * * *
R18–2–203 ................. Ozone ............................................................. March 21, 2017 ......... [INSERT Federal Submitted on April 28,
Register CITA- 2017.
TION], May 4, 2018.
* * * * * * *
R18–2–217 ................. Designation and Classification of Attainment March 21, 2017 ......... [INSERT Federal Submitted on April 28,
Areas. Register CITA- 2017.
TION], May 4, 2018.
R18–2–218 ................. Limitation of Pollutants in Classified Attain- March 21, 2017 ......... [INSERT Federal Submitted on April 28,
ment Areas. Register CITA- 2017.
TION], May 4, 2018.
* * * * * * *
Article 3 (Permits and Permit Revisions)
* * * * * * *
R18–2–330 ................. Public Participation ........................................ March 21, 2017 ......... [INSERT Federal Submitted on April 28,
Register CITA- 2017.
TION], May 4, 2018.
R18–2–332 ................. Stack Height Limitation .................................. March 21, 2017 ......... [INSERT Federal Submitted on April 28,
Register CITA- 2017.
TION], May 4, 2018.
* * * * * * *
Article 4 (Permit Requirements for New Major Sources and Major Modifications to Existing Major Sources)
R18–2–401 ................. Definitions ...................................................... March 21, 2017 ......... [INSERT Federal Submitted on April 28,
Register CITA- 2017.
TION], May 4, 2018.
R18–2–402 ................. General .......................................................... March 21, 2017 ......... [INSERT Federal Submitted on April 28,
Register CITA- 2017.
TION], May 4, 2018.
R18–2–403 ................. Permits for Sources Located in Nonattain- R18–2–403 ................ [INSERT Federal Submitted on April 28,
ment Areas. Register CITA- 2017.
TION], May 4, 2018.
R18–2–404 ................. Offset Standards ............................................ March 21, 2017 ......... [INSERT Federal Submitted on April 28,
Register CITA- 2017.
TION], May 4, 2018.
R18–2–405 ................. Special Rule for Major Sources of VOC or March 21, 2017 ......... [INSERT Federal Submitted on April 28,
Nitrogen Oxides in Ozone Nonattainment Register CITA- 2017.
Areas Classified as Serious or Severe. TION], May 4, 2018.
R18–2–406 ................. Permit Requirements for Sources Located in March 21, 2017 ......... [INSERT Federal Submitted on April 28,
Attainment and Unclassifiable Areas. Register CITA- 2017.
TION], May 4, 2018.
R18–2–407 ................. Air Quality Impact Analysis and Monitoring March 21, 2017 ......... [INSERT Federal Submitted on April 28,
Requirements. Register CITA- 2017.
TION], May 4, 2018.
R18–2–408 ................. Innovative Control Technology ...................... March 21, 2017 ......... [INSERT Federal Submitted on April 28,
Register CITA- 2017.
TION], May 4, 2018.
* * * * * * *
R18–2–410 ................. Visibility and Air Quality Related Value Pro- March 21, 2017 ......... [INSERT Federal Submitted on April 28,
tection. Register CITA- 2017.
TION], May 4, 2018.
R18–2–411 ................. Permit Requirements for Sources that Locate March 21, 2017 ......... [INSERT Federal Submitted on April 28,
in Attainment or Unclassifiable Areas and Register CITA- 2017.
Cause or Contribute to a Violation of Any TION], May 4, 2018.
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National Ambient Air Quality Standard.
R18–2–412 ................. PALs ............................................................... March 21, 2017 ......... [INSERT Federal Submitted on April 28,
Register CITA- 2017.
TION], May 4, 2018.
* * * * * * *
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![Federal Register / Vol. 83, No. 87 / Friday, May 4, 2018 / Rules and Regulations 19637
* * * * * Identification No. EPA–R04–OAR– visibility than BART. See 40 CFR
■ 5. Section 52.144 is amended by 2016–0315. All documents in the docket 51.308(e)(2). EPA provided states with
adding paragraph (c) to read as follows: are listed on the www.regulations.gov this flexibility in the RHR, adopted in
website. Although listed in the index, 1999, and further refined the criteria for
§ 52.144 Significant deterioration of air some information may not be publicly assessing whether an alternative
quality. available, i.e., Confidential Business program provides for greater reasonable
* * * * * Information or other information whose progress in two subsequent
(c) The requirements of sections 160 disclosure is restricted by statute. rulemakings. See 64 FR 35714 (July 1,
through 165 of the Clean Air Act are met Certain other material, such as 1999); 70 FR 39104 (July 6, 2005); 71 FR
as they apply to stationary sources copyrighted material, is not placed on 60612 (October 13, 2006).
under the jurisdiction of the Arizona the internet and will be publicly EPA demonstrated that CAIR would
Department of Environmental Quality available only in hard copy form. achieve greater reasonable progress than
(ADEQ), except with respect to Publicly available docket materials are BART in revisions to the regional haze
emissions of greenhouse gases (GHGs) available either electronically through program made in 2005.1 See 70 FR 39104
(as defined in § 52.21(b)(49)(i)). www.regulations.gov or in hard copy at (July 6, 2005). In those revisions, EPA
Therefore, the provisions of § 52.21, the Air Regulatory Management Section, amended its regulations to provide that
except paragraph (a)(1) of this section, Air Planning and Implementation states participating in the CAIR cap-and-
for GHGs are hereby made a part of the Branch, Air, Pesticides and Toxics trade programs pursuant to an EPA-
plan for stationary sources under the Management Division, U.S. approved CAIR SIP or states that remain
jurisdiction of ADEQ as it applies to the Environmental Protection Agency, subject to a CAIR FIP need not require
stationary sources described in Region 4, 61 Forsyth Street, SW, affected BART-eligible electric
§ 52.21(b)(49)(iv). Atlanta, Georgia 30303–8960. EPA generating units (EGUs) to install,
[FR Doc. 2018–09205 Filed 5–3–18; 8:45 am] requests that if at all possible, you operate, and maintain BART for
BILLING CODE 6560–50–P contact the person listed in the FOR emissions of SO2 and nitrogen oxides
FURTHER INFORMATION CONTACT section to (NOX). As a result of EPA’s
schedule your inspection. The Regional determination that CAIR was ‘‘better-
ENVIRONMENTAL PROTECTION Office’s official hours of business are than-BART,’’ a number of states in the
AGENCY Monday through Friday 8:30 a.m. to CAIR region, including Georgia, relied
4:30 p.m., excluding Federal holidays. on the CAIR cap-and-trade programs as
40 CFR Part 52 FOR FURTHER INFORMATION CONTACT: an alternative to BART for EGU
[EPA–R04–OAR–2016–0315; FRL–9977–49– Michele Notarianni, Air Regulatory emissions of SO2 and NOX in designing
Region 4] Management Section, Air Planning and their regional haze plans. These states
Implementation Branch, Air, Pesticides also relied on CAIR as an element of a
Air Plan Approval; Georgia; Regional and Toxics Management Division, U.S. long-term strategy (LTS) for achieving
Haze Plan and Prong 4 (Visibility) for Environmental Protection Agency, their reasonable progress goals (RPGs)
the 2012 PM2.5, 2010 NO2, 2010 SO2, Region 4, 61 Forsyth Street SW, Atlanta, for their regional haze programs.
and 2008 Ozone NAAQS Georgia 30303–8960. Ms. Notarianni can However, in 2008, the United States
be reached by telephone at (404) 562– Court of Appeals for the District of
AGENCY: Environmental Protection Columbia Circuit (D.C. Circuit)
Agency (EPA). 9031 or via electronic mail at
notarianni.michele@epa.gov. remanded CAIR to EPA without vacatur
ACTION: Final rule. to preserve the environmental benefits
SUPPLEMENTARY INFORMATION:
SUMMARY: The Environmental Protection provided by CAIR. North Carolina v.
I. Background EPA, 550 F.3d 1176, 1178 (D.C. Cir.
Agency (EPA) is approving the portion
A. Regional Haze Plans and Their 2008). On August 8, 2011 (76 FR 48208),
of Georgia’s July 26, 2017, State
Relationship With CAIR and CSAPR acting on the D.C. Circuit’s remand, EPA
Implementation Plan (SIP) submittal
promulgated CSAPR to replace CAIR
changing reliance from the Clean Air Section 169A(b)(2)(A) of the Clean Air and issued FIPs to implement the rule
Interstate Rule (CAIR) to the Cross-State Act (CAA or Act) requires states to in CSAPR-subject states.2
Air Pollution Rule (CSAPR) for certain submit regional haze plans that contain Implementation of CSAPR was
regional haze requirements. EPA is also such measures as may be necessary to scheduled to begin on January 1, 2012,
converting the previous limited make reasonable progress towards the
approval/limited disapproval of natural visibility goal, including a 1 CAIR created regional cap-and-trade programs to
Georgia’s regional haze plan to a full requirement that certain categories of reduce SO2 and NOX emissions in 27 eastern states
approval and is removing the Federal existing major stationary sources built (and the District of Columbia), including Georgia,
Implementation Plan (FIP) for Georgia that contributed to downwind nonattainment or
between 1962 and 1977 procure, install, interfered with maintenance of the 1997 8-hour
which replaced reliance on CAIR with and operate Best Available Retrofit ozone NAAQS or the 1997 PM2.5 NAAQS.
reliance on CSAPR. Finally, EPA is Technology (BART) as determined by 2 CSAPR requires 28 eastern states to limit their
converting the conditional approvals to the state. Under the Regional Haze Rule statewide emissions of SO2 and/or NOX in order to
full approvals for the visibility prong of mitigate transported air pollution unlawfully
(RHR), states are directed to conduct impacting other states’ ability to attain or maintain
Georgia’s infrastructure SIP submittals BART determinations for such ‘‘BART- four NAAQS: the 1997 ozone NAAQS, the 1997
for the 2012 Fine Particulate Matter eligible’’ sources that may be annual PM2.5 NAAQS, the 2006 24-hour PM2.5
(PM2.5), 2010 Nitrogen Dioxide (NO2), anticipated to cause or contribute to any NAAQS, and the 2008 8-hour ozone NAAQS. The
2010 Sulfur Dioxide (SO2), and 2008 8- CSAPR emissions limitations are defined in terms
visibility impairment in a Class I area.
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of maximum statewide ‘‘budgets’’ for emissions of
hour Ozone National Ambient Air Rather than requiring source-specific annual SO2, annual NOX, and/or ozone-season NOX
Quality Standards (NAAQS). BART controls, states also have the by each covered state’s large EGUs. The CSAPR
DATES: This rule will be effective June flexibility to adopt an emissions trading state budgets are implemented in two phases of
4, 2018. generally increasing stringency, with the Phase 1
program or other alternative program as budgets applying to emissions in 2015 and 2016
ADDRESSES: EPA has established a long as the alternative provides greater and the Phase 2 budgets applying to emissions in
docket for this action under Docket reasonable progress towards improving 2017 and later years.
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Document Created: 2018-11-02 09:51:50
Document Modified: 2018-11-02 09:51:50
| 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 | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This rule is effective June 4, 2018. | |
| Contact | Lisa Beckham, EPA Region IX, (415) 972-381, [email protected] | |
| FR Citation | 83 FR 19631 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Carbon Monoxide; Incorporation by Reference; Intergovernmental Relations; Lead; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Oxides and Volatile Organic Compounds |
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