83 FR 19631 - Air Plan Approval; Arizona; Stationary Sources; New Source Review

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 87 (May 4, 2018)

Page Range19631-19637
FR Document2018-09205

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 (PM<INF>2.5</INF>) 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 PM<INF>2.5</INF> precursors under section 189(e) of the Act for the NA-NSR program.

Federal Register, Volume 83 Issue 87 (Friday, May 4, 2018)
[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]


=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2017-0255; FRL-9977-23--Region 9]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

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 PM2.5 under the nonattainment NSR program 
requirements in CAA section 189(e). This plan revision is conditionally 
approved as follows:
    (1) The conditional approval is based upon the December 6, 2017 
commitment from the State to submit a SIP revision to the EPA by March 
31, 2019 consisting of rule revisions and/or demonstrations that will 
correct the deficiencies identified with this submittal, as specified 
in ADEQ's December 6, 2017 commitment letter. If the State fails to 
meet its commitment by March 31, 2019, the conditional approval will be 
treated as a disapproval only with respect to the CAA requirements 
related to ammonia as a precursor to PM2.5 under the 
nonattainment NSR program requirements in CAA section 189(e).
    (2) [Reserved]
    (b) [Reserved]

0
4. In Sec.  52.120, paragraph (c), Table 2 is amended:
0
a. Under Title 9, Chapter 3, by removing the center heading ``Article 
3'' and entries ``R9-3-301, paragraphs I and K'' and ``R9-3-304, 
paragraph H'';
0
b. Under Title 18, Chapter 2, Article 1, by:
0
i. Removing entries ``R18-2-101, definitions (2), (32), (87), (109), 
and (122)'' and ``R18-2-101 excluding definitions (2), (20), (32), 
(87), (109), and (122)''; and
0
ii. Adding, in numerical order, the entry ``R18-2-101 (except 20)'';
0
c. Under Title 18, Chapter 2, Article 2, by revising the entries for 
``R18-2-201,'' ``R18-2-203,'' ``R18-2-217,'' and ``R18-2-218'';
0
d. Under Title 18, Chapter 2, Article 3, by revising the entries for 
``R18-2-330'' and ``R18-2-332''; and
0
e. Under Title 18, Chapter 2, Article 4, by:
0
i. Revising the entries for ``R18-2-401'' through ``R18-2-406'';
0
ii. Removing the entry ``R18-2-407, excluding subsection (H)(1)(c)'';
0
iii. Adding, in numerical order, the entries ``R18-2-407,'' ``R-18-2-
408,'' ``R18-2-410,'' and ``R18-2-411;'' and
0
iv. Revising the entry for ``R18-2-412''.
    The addition and revisions read as follows:


Sec.  52.120  Identification of plan.

* * * * *
    (c) * * *

                                    Table 2--EPA-Approved Arizona Regulations
----------------------------------------------------------------------------------------------------------------
                                                          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


Current View
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis rule is effective June 4, 2018.
ContactLisa Beckham, EPA Region IX, (415) 972-381, [email protected]
FR Citation83 FR 19631 
CFR AssociatedEnvironmental 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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