83 FR 42214 - Partial Approval and Partial Disapproval of Air Quality State Implementation Plans; Arizona; Infrastructure Requirements for Nitrogen Dioxide and Sulfur Dioxide
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 83, Issue 162 (August 21, 2018)
Federal Register Volume 83, Issue 162 (August 21, 2018)
| Page Range | 42214-42219 | |
| FR Document | 2018-17931 |
[Federal Register Volume 83, Number 162 (Tuesday, August 21, 2018)] [Rules and Regulations] [Pages 42214-42219] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-17931] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R09-OAR-2015-0472; FRL-9982-23--Region 9] Partial Approval and Partial Disapproval of Air Quality State Implementation Plans; Arizona; Infrastructure Requirements for Nitrogen Dioxide and Sulfur Dioxide AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is partially approving and partially disapproving several state implementation plan (SIP) submissions from the State of Arizona pursuant to the requirements of section 110(a)(1) and 110(a)(2) of the Clean Air Act (CAA or ``the Act'') for the implementation, maintenance, and enforcement of the 2010 nitrogen dioxide (NO2 ) and 2010 sulfur dioxide (SO2 ) national ambient air quality standards (NAAQS or ``standards''). We refer to such SIP submissions as ``infrastructure'' SIP submissions because they are intended to address basic structural SIP requirements for new or revised standards including, but not limited to, legal authority, regulatory structure, resources, permit programs, monitoring, and modeling necessary to assure implementation, maintenance, and enforcement of the NAAQS. In addition, the EPA is reclassifying Pima County from Priority II to Priority III for SO2 emergency episode planning purposes. The EPA is also approving into the Arizona SIP sections of an Arizona Revised Statute related to air quality modeling and the submission of modeling data to the EPA. Finally, the EPA is clarifying several inconsistencies between its technical support document and notice of proposed rulemaking. DATES: This rule is effective on September 20, 2018. ADDRESSES: The EPA has established a docket for this action under Docket ID No. EPA-R09-OAR-2015-0472. All documents in the docket are listed on the https://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: John Ungvarsky, Air Planning Office (AIR-2), EPA Region IX, (415) 972-3963, [email protected]. SUPPLEMENTARY INFORMATION: Throughout this document, the terms ``we,'' ``us,'' and ``our'' refer to the EPA. Table of Contents I. Background II. Public Comments III. Final Action IV. Statutory and Executive Order Reviews I. Background Section 110(a)(1) of the CAA requires states to make a SIP submission within three years after the promulgation of a new or revised primary NAAQS. Section 110(a)(2) includes a list of specific elements that the SIP must include. Many of the section 110(a)(2) SIP elements relate to the general information and authorities that constitute the ``infrastructure'' of a state's air quality management program. SIP submittals that address these requirements are referred to as ``infrastructure SIP submissions'' or ``I-SIP submissions.'' The I- SIP elements required by section 110(a)(2) are as follows:Section 110(a)(2)(A): Emission limits and other control measures; section 110(a)(2)(B): Ambient air quality monitoring/data system; section 110(a)(2)(C): Program for enforcement of control measures and regulation of new and modified stationary sources (excluding the requirements applicable only in nonattainment areas); section 110(a)(2)(D)(i): Interstate pollution transport; section 110(a)(2)(D)(ii): Interstate and international pollution abatement; section 110(a)(2)(E): Adequate resources and authority, conflict of interest, and oversight of local and regional government agencies; section 110(a)(2)(F): Stationary source monitoring and reporting; section 110(a)(2)(G): Emergency episodes; section 110(a)(2)(H): SIP revisions; section 110(a)(2)(J): Consultation with government officials, public notification, prevention of significant deterioration (PSD), and visibility protection; section 110(a)(2)(K): Air quality modeling and submittal of modeling data; section 110(a)(2)(L): Permitting fees; and section 110(a)(2)(M): Consultation/participation by affected local entities. Two elements identified in section 110(a)(2) are not governed by the three-year submittal deadline of section 110(a)(1) and are therefore not addressed in this action. These two elements are: Section 110(a)(2)(C) to the extent it refers to nonattainment new source review (NSR) permit programs required under part D, and section 110(a)(2)(I), pertaining to the nonattainment planning requirements of part D. As a result, this action does not address SIP requirements for the nonattainment NSR portion of section 110(a)(2)(C) or of section 110(a)(2)(I). In 2010, the EPA promulgated revised NAAQS for NO 2 and SO2 , triggering a requirement for states to submit infrastructure SIP submissions. The NAAQS addressed by this infrastructure SIP rulemaking include the following:2010 NO 2 NAAQS, which revised the primary 1971 NO2 annual standard of 53 parts per billion (ppb) by supplementing it with a new 1-hour average NO2 standard of 100 ppb, and retained the secondary annual standard of 53 ppb; \1\ and --------------------------------------------------------------------------- \1\ 75 FR 6474 (February 9, 2010). The annual NO2 standard of 0.053 parts per million (ppm) is listed in ppb for ease of comparison with the new 1-hour standard. ---------------------------------------------------------------------------2010 SO 2 NAAQS, which established a new 1-hour average SO2 standard of 75 ppb, retained the secondary 3- hour average SO2 standard of 500 ppb, and established a mechanism for revoking the existing annual and 24-hour SO2 standards.\2\ --------------------------------------------------------------------------- \2\ 75 FR 35520 (June 22, 2010). The annual SO2 standard of 0.5 ppm is listed in ppb for ease of comparison with the new 1-hour standard. --------------------------------------------------------------------------- [[Page 42215]] On May 16, 2016, the EPA proposed to partially approve and partially disapprove the Arizona infrastructure SIP submissions as meeting the requirements of sections 110(a)(1) and 110(a)(2) of the Act for the implementation, maintenance, and enforcement of the 2010 NO2 and 2010 SO2 standards. In addition, we proposed to reclassify the Pima Intrastate Air Quality Control Region (AQCR) for SO2 emergency episode planning. We also proposed to approve into the Arizona SIP Arizona Revised Statutes (ARS) related to air quality modeling and the submission of modeling data to the EPA.\3\ The rationale supporting the EPA's actions is explained in our proposal notice and the associated technical support document (TSD) and will not be restated here. The proposed rule and TSD are available online at http://www.regulations.gov, Docket ID number EPA-R09-OAR- 2015-0472. --------------------------------------------------------------------------- \3\ Partial Approval and Partial Disapproval of Air Quality State Implementation Plans; Arizona; Infrastructure Requirements for Nitrogen Dioxide and Sulfur Dioxide. 81 FR 31571 (May 19, 2016). --------------------------------------------------------------------------- II. Public Comments During the public comment period, the EPA received one brief and anonymous comment on the proposed action. Comment: The commenter states that the ``EPA cannot approve the PSD portions of the I-SIPs for both pollutants for [Arizona Department of Environmental Quality] and Pinal County until both programs have fully approved PM2.5 increment provisions that do not contain illegal exemptions.'' Response: On May 4, 2018, we finalized approval of Arizona Department of Environmental Quality (ADEQ) rule revisions to correct deficiencies in ADEQ's SIP-approved NSR program related to the requirements under part C (PSD) and part D (nonattainment NSR) of title I of the Act that apply to major stationary sources and major modifications of such sources. 83 FR 19631. Section A of ADEQ rule R18- 2-218, approved into the SIP as part of our May 4, 2018 action, includes PSD increments for criteria pollutants, including NO2, SO2 , and PM2.5 . Our approval of the PSD increments for PM2.5 into the Arizona SIP applied to both ADEQ and Pinal County. The May 4, 2018 final action thus resolved the issue identified by the commenter. Nonetheless and as explained further below, we are finalizing a partial disapproval of a narrow portion of the PSD program elements of the I-SIP submissions for the 2010 NO2 and 2010 SO2 NAAQS for ADEQ and Pinal County. As explained in the TSD for the proposal notice, while ADEQ and Pinal County have SIP-approved PSD programs that cover most of the requirements of part C, title I of the Act, they do not have programs that provide for regulating the construction and modification of stationary sources of greenhouse gases (GHGs). Instead, all of Arizona is subject to the federal PSD program at 40 CFR 52.21 for regulation of stationary sources of GHGs.\4\ As explained in our TSD, the EPA's 2013 I-SIP guidance, and previous EPA rulemakings on Arizona I-SIP submissions, if a state does not have a fully approved PSD program that covers the requirements for all regulated NSR pollutants, including GHGs, then the EPA cannot fully approve an I-SIP submission with respect to the PSD-related requirements of 110(a)(2)(C), 110(a)(2)(D)(i)(II), 110(a)(2)(D)(ii), and 110(a)(2)(J).\5\ --------------------------------------------------------------------------- \4\ Technical Support Document, Evaluation of the Arizona Infrastructure SIP for 2010 SO2 and NO2 NAAQS, April 29, 2016 at 14. \5\ Guidance on Infrastructure State Implementation Plan (SIP) Elements under Clean Air Act Sections 110(a)(1) and 110(a)(2), Memorandum from Stephen D. Page, September 13, 2013. See also Partial Approval and Disapproval of Air Quality Implementation Plans; Arizona; Infrastructure Requirements for Ozone and Fine Particulate Matter. 77 FR 66398 (November 5, 2012). --------------------------------------------------------------------------- III. Final Action Under CAA section 110(k)(3), and based on the evaluation and rationale presented in the proposed rule, the related TSD, and this final rule, the EPA is approving in part and disapproving in part Arizona infrastructure SIP submissions addressing requirements of CAA section 110(a)(1) and (2), as applicable, with respect to the 2010 NO2 and 2010 SO2 NAAQS. In this final action we are also making several administrative changes to clarify inconsistencies between our notice of proposed rulemaking and TSD. In the May 16, 2016 action we inadvertently listed several elements under the Proposed Approvals and Partial Approvals section of the notice. The portions of the infrastructure SIP submissions that the EPA listed under the Proposed Approvals and Partial Approvals section of the notice, but instead should have been listed under the Proposed Partial Disapprovals section of the notice, include: Section 110(a)(2)(C) prevention of significant deterioration (ADEQ and Pinal County); \6\ section 110(a)(2)(D)(i)(II) interference with prevention of significant deterioration, or prong 3 (ADEQ and Pinal County); \7\ section 110(a)(2)(D)(ii) interstate pollution abatement (ADEQ and Pinal County); and section 110(a)(2)(J) prevention of significant deterioration (ADEQ and Pinal County).\8\ As explained in the TSD, while ADEQ and Pinal County have SIP-approved PSD programs that cover most of the requirements of part C, title I of the Act, they do not have programs that provide for regulating the construction and modification of stationary sources of GHGs. Instead, all of Arizona is subject to the federal PSD program at 40 CFR 52.21 for regulation of stationary sources of GHGs.\9\ As explained in the EPA's 2013 I-SIP guidance, if a state does not have a fully approved PSD program that covers the requirements for all regulated NSR pollutants, including GHGs, then the EPA cannot fully approve the I-SIP submission for the requirements of 110(a)(2)(C), 110(a)(2)(D)(i)(II), 110(a)(2)(D)(ii), and 110(a)(2)(J).\10\ Thus, consistent with the TSD for this action, past actions on Arizona I-SIP submissions, and our 2013 I-SIP guidance, this final action serves to clarify that the SIP submissions are partially approved and partially disapproved for the PSD-related infrastructure requirements of 110(a)(2)(C), 110(a)(2)(D)(i)(II), 110(a)(2)(D)(ii), and 110(a)(2)(J) with respect to ADEQ and Pinal County. The partial disapproval for ADEQ and Pinal County applies only with respect to the fact that these air programs do not have SIP approved rules to regulate sources of GHG emissions, and instead implement a federal implementation plan (FIP) for regulation of sources of GHGs pursuant to a delegation agreement with the EPA. --------------------------------------------------------------------------- \6\ CAA section 110(a)(2)(C) consists of three sub-elements: Program for enforcement of control measures, major source PSD program, and regulation of minor sources and minor modifications. Only the PSD requirement as applicable to ADEQ and Pinal County is included in the administrative clarifications described in this final action. For additional information on section 110(a)(2)(C) requirements, please see the TSD for this action. \7\ In our notice of proposed rulemaking, we partially mislabeled prong 3 as ``110(a)(2)(D)(i)(I) (in part)--interference with maintenance, or prong 3''. See 81 FR 31571, 31575, section IV.A (May 16, 2016). \8\ See 81 FR 31571, 31575. \9\ Technical Support Document, Evaluation of the Arizona Infrastructure SIP for 2010 SO2 and NO2 NAAQS, April 29, 2016 at 14. \10\ Guidance on Infrastructure State Implementation Plan (SIP) Elements under Clean Air Act Sections 110(a)(1) and 110(a)(2), Memorandum from Stephen D. Page, September 13, 2013. --------------------------------------------------------------------------- A. Approvals We are approving the 2010 NO2 and 2010 SO2 Arizona infrastructure SIP [[Page 42216]] submission with respect to the following CAA requirements for the jurisdiction and pollutants listed in parentheses, as applicable:Section 110(a)(2)(A)--emission limits and other control measures (for all jurisdictions and both pollutants); section 110(a)(2)(B)--ambient air quality monitoring/data system (for all jurisdictions and both pollutants); section 110(a)(2)(C)--program for enforcement of control measures and regulation of minor sources and minor modifications (for all jurisdictions and both pollutants) section 110(a)(2)(D)--interstate pollution transport; --section 110(a)(2)(D)(i)(I)--significant contribution to nonattainment and interference with maintenance (for the 2010 NO 2 NAAQS in all jurisdictions; --section 110(a)(2)(D)(ii)--international air pollution in section 115 (for all jurisdictions and both pollutants);section 110(a)(2)(E)--adequate resources and authority, conflict of interest, and oversight of local governments and regional agencies (for all jurisdictions and both pollutants); section 110(a)(2)(F)--stationary source monitoring and reporting (for all jurisdictions and both pollutants); section 110(a)(2)(G)--emergency episodes (for all jurisdictions and both pollutants); section 110(a)(2)(H)--SIP revisions (for all jurisdictions and both pollutants); section 110(a)(2)(J)--consultation with government officials in section 121 (for all jurisdictions and both pollutants) and public notification of exceedances in section 127 (for all jurisdictions and both pollutants); section 110(a)(2)(K)--air quality modeling and submission of modeling data (for all jurisdictions and both pollutants); section 110(a)(2)(L)--permitting fees (for all jurisdictions and both pollutants); and section 110(a)(2)(M)--consultation/participation by affected local entities (for all jurisdictions and both pollutants). The EPA is taking no action at this time on section 110(a)(2)(D)(i)(I)--significant contribution to nonattainment and interference with maintenance--for the 2010 SO 2 NAAQS. B. Partial Approvals and Partial Disapprovals The EPA is partially approving and partially disapproving Arizona's 2010 NO2 and 2010 SO2 infrastructure SIP submissions with respect to the following infrastructure SIP requirements for the jurisdiction and pollutants listed in parentheses:Section 110(a)(2)(C)--PSD permit program (for ADEQ and Pinal County and both pollutants); section 110(a)(2)(D)--interstate pollution transport (see below); and --section 110(a)(2)(D)(i)(II)--interference with measures required to prevent significant deterioration (for ADEQ and Pinal County and both pollutants); --section 110(a)(2)(D)(ii)--interstate pollution abatement in section 126 (for ADEQ and Pinal County and both pollutants); section 110(a)(2)(J)--PSD permit program (for ADEQ and Pinal County and both pollutants); C. Disapprovals The EPA is disapproving Arizona's 2010 NO 2 and 2010 SO2 infrastructure SIP submissions with respect to the following infrastructure SIP requirements:Section 110(a)(2)(C)--PSD permit program (for Maricopa County and Pima County and both pollutants); section 110(a)(2)(D)--interstate pollution transport (see below); and --section 110(a)(2)(D)(i)(II)--interference with measures required to prevent significant deterioration (for Maricopa County and Pima County and both pollutants); --section 110(a)(2)(D)(i)(II)--interference with measures required to protect visibility (for all jurisdictions and both pollutants); --section 110(a)(2)(D)(ii)--interstate pollution abatement in section 126 (for Maricopa County and Pima County and both pollutants); section 110(a)(2)(J)--PSD permit program (for Maricopa County and Pima County and both pollutants). D. Consequences of Disapprovals and Partial Disapprovals CAA section 110(c)(1) provides that the EPA must promulgate a FIP within two years after finding that a state has failed to make a required submission or disapproving a state's SIP submission in whole or in part, unless the EPA approves a SIP revision correcting the deficiencies within that two-year period. As explained below and in the TSD for this action, today's final disapproval and final partial approval and partial disapproval actions do not result in any new FIP obligations because FIPs are already in place for the deficient portions of Arizona's I-SIP submissions for the 2010 SO 2 and 2010 NO2 NAAQS. We are disapproving the Pima County and Maricopa County portions of Arizona's infrastructure SIP submissions, and partially approving and partially disapproving the ADEQ and Pinal County portions of Arizona's infrastructure SIP submissions, with respect to the PSD-related requirements of sections 110(a)(2)(C), 110(a)(2)(D)(i)(II), 110(a)(2)(D)(ii), and 110(a)(2)(J). The Arizona SIP does not fully satisfy the statutory and regulatory requirements for PSD permit programs under part C, title I of the Act, because Maricopa County and Pima County do not have SIP-approved PSD programs, while ADEQ and Pinal County do not have SIP-approved PSD programs that cover GHGs. Maricopa County and Pima County currently implement the federal PSD program in 40 CFR 52.21 for all regulated NSR pollutants, pursuant to delegation agreements with the EPA, while ADEQ and Pinal County implement 40 CFR 52.21 for GHGs pursuant to delegation agreements with the EPA. Accordingly, although the Arizona SIP remains deficient with respect to certain PSD requirements in the ADEQ, Pinal County, Maricopa County, and Pima County portions of the SIP, these deficiencies are adequately addressed in all areas by the federal PSD program in 40 CFR 52.21 and do not create new FIP obligations. We are also disapproving all jurisdictions in Arizona for the visibility-related requirements of section 110(a)(2)(D)(i)(II). Because ADEQ, Pinal County, Maricopa County, and Pima County rely on an existing FIP to control sources under the Regional Haze Rule, and they have not demonstrated that emissions within their respective jurisdictions do not interfere with other states' programs to protect visibility, they do not meet the infrastructure SIP obligations for the visibility requirements of section 110(a)(2)(D)(i)(II) for the 2010 NO2 and 2010 SO2 NAAQS. Because a Regional Haze FIP is already in place, however, this disapproval creates no new FIP obligations. E. Approval of Arizona Revised Statutes Into the Arizona SIP The EPA is approving ARS sections 49-104(A)(3) and (B)(1) into the Arizona SIP in order to meet the air quality modeling and data submission requirements of 110(a)(2)(K) for the 2010 NO2 and 2010 SO2 NAAQS, as well as for past and future NAAQS. Approval of ARS 49-104(A)(3) and (B)(1) into the SIP also corrects [[Page 42217]] deficiencies identified in previous infrastructure SIP rulemakings.\11\ --------------------------------------------------------------------------- \11\ On November 5, 2012, the EPA disapproved the CAA 110(a)(2)(K) I-SIP element with respect to ADEQ's submittals for the 1997 8-hour ozone and 1997 and 2006 PM2.5 NAAQS (77 FR 66398). On July 14, 2015, the EPA again disapproved this I-SIP element for the 2008 lead and 2008 ozone NAAQS (80 FR 40906). The EPA disapproved those submissions because ADEQ, Pima, Pinal, and Maricopa Counties did not submit adequate provisions or narrative information related to the 110(a)(2)(K) requirements. The EPA's approval of ARS sections 49-104(A)(3) and (B)(1) into the Arizona SIP corrects previous disapprovals found at 77 FR 66398 and 80 FR 40906. --------------------------------------------------------------------------- F. Reclassification for Emergency Episode Planning Based on Arizona's 2013-2017 air quality data for Pima County, we are reclassifying this region from Priority II to Priority III for SO2 .\12\ The reclassification to Priority III relieves Pima County from having to address the emergency episode contingency plan requirement to meet the infrastructure SIP requirements of section 110(a)(2)(G) for the 2010 SO2 NAAQS.\13\ Accordingly, and as noted above, the EPA is approving the infrastructure SIP submission for Pima County with respect to this requirement. --------------------------------------------------------------------------- \12\ The EPA's May 2016 proposal to reclassify the Pima Intrastate AQCR to Priority III for SO2 was based on 2013-2015 data in the EPA's Air Quality System (AQS). The 2015-2017 data in AQS and preliminary 2018 data show Pima AQCR continues to meet the requirements for reclassification to Priority III for emergency episode planning. The boundaries of the Pima Intrastate AQCR are described in 40 CFR 81.269. The AQS data for 2013-2017 are available in the docket for today's rulemaking. \13\ Consistent with the provisions of 40 CFR 51.153, reclassification of an AQCR must rely on the most recent three years of air quality data. The classification system for emergency episode plans is described in 40 CFR 51.150. See 81 FR 18766 at 18770, further describing the EPA's authority for a reclassification of an AQCR. Regions classified Priority I, IA, or II are required to have SIP-approved emergency episode contingency plans, while those classified Priority III are not required to have emergency episode contingency plans. --------------------------------------------------------------------------- IV. Statutory and Executive Order Reviews Additional information about these statutes and Executive Orders can be found at http://www2.epa.gov/laws-regulations/laws-and-executive-orders. A. Executive Order 12866: Regulatory Planning and Review and Executive Order 13563: Improving Regulation and Regulatory Review This action is not a significant regulatory action and was therefore not submitted to the Office of Management and Budget (OMB) for review. B. Paperwork Reduction Act (PRA) This action does not impose an information collection burden under the PRA because this action does not impose additional requirements beyond those imposed by state law. C. Regulatory Flexibility Act (RFA) I certify that this action will not have a significant economic impact on a substantial number of small entities under the RFA. This action will not impose any requirements on small entities beyond those imposed by state law. D. Unfunded Mandates Reform Act (UMRA) This action does not contain any unfunded mandate as described in UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect small governments. This action does not impose additional requirements beyond those imposed by state law. Accordingly, no additional costs to state, local, or tribal governments, or to the private sector, will result from this action. E. Executive Order 13132: Federalism This action does not have federalism implications. It will not have substantial direct effects on the states, on the relationship between the national government and the states, or on the distribution of power and responsibilities among the various levels of government. F. Executive Order 13175: Coordination With Indian Tribal Governments This action does not have tribal implications, as specified in Executive Order 13175, because 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, and will not impose substantial direct costs on tribal governments or preempt tribal law. Thus, Executive Order 13175 does not apply to this action. G. Executive Order 13045: Protection of Children From Environmental Health Risks and Safety Risks The EPA interprets Executive Order 13045 as applying only to those regulatory actions that concern environmental health or safety risks that the EPA has reason to believe may disproportionately affect children, per the definition of ``covered regulatory action'' in section 2-202 of the Executive Order. This action is not subject to Executive Order 13045 because it does not impose additional requirements beyond those imposed by state law. H. Executive Order 13211: Actions That Significantly Affect Energy Supply, Distribution, or Use This action is not subject to Executive Order 13211, because it is not a significant regulatory action under Executive Order 12866. I. National Technology Transfer and Advancement Act (NTTAA) Section 12(d) of the NTTAA directs the EPA to use voluntary consensus standards in its regulatory activities unless to do so would be inconsistent with applicable law or otherwise impractical. The EPA believes that this action is not subject to the requirements of section 12(d) of the NTTAA because application of those requirements would be inconsistent with the CAA. J. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Population The EPA lacks the discretionary authority to address environmental justice in this rulemaking. K. Congressional Review Act (CRA) This action is subject to the CRA, and the EPA will submit a rule report to each House of the Congress and to the Comptroller General of the United States. This action is not a ``major rule'' as defined by 5 U.S.C. 804(2). L. Petitions for Judicial Review Under section 307(b)(1) of the Clean Air Act, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by October 22, 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 section 307(b)(2)). List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Nitrogen dioxide, Reporting and recordkeeping requirements, and Sulfur dioxide. Dated: July 31, 2018. Michael Stoker, Regional Administrator, Region IX. Part 52, chapter I, title 40 of the Code of Federal Regulations is amended as follows: [[Page 42218]] 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 D--Arizona 0 2. Section 52.120 paragraph (e) is amended by: 0 a. In Table 1, adding three entries after the entry ``Arizona State Implementation Plan Revision under Clean Air Act Section 110(a)(1) and (2); 2008 8-hour Ozone NAAQS, excluding the appendices''; and 0 b. In Table 3 by adding an entry for ``49-104, subsections (A)(3) and (B)(1) only'' after the entry for ``49-104, subsections (A)(2), (A)(4), (B)(3), and (B)(5) only''. The additions read as follows: Sec. 52.120 Identification of plan. * * * * * (e) * * * Table 1--EPA-Approved Non-Regulatory and Quasi-Regulatory Measures [Excluding certain resolutions and statutes, which are listed in tables 2 and 3, respectively] \1\ -------------------------------------------------------------------------------------------------------------------------------------------------------- Applicable geographic or State submittal Name of SIP provision nonattainment area date EPA approval date Explanation or title/subject -------------------------------------------------------------------------------------------------------------------------------------------------------- The State of Arizona Air Pollution Control Implementation Plan -------------------------------------------------------------------------------------------------------------------------------------------------------- Clean Air Act Section 110(a)(2) State Implementation Elements (Excluding Part D Elements and Plans -------------------------------------------------------------------------------------------------------------------------------------------------------- * * * * * * * -------------------------------------------------------------------------------------------------------------------------------------------------------- Arizona State Implementation Plan State-wide.......... January 18, 2013... August 21, 2018, [INSERT Federal Adopted by the Arizona Department of Revision under Clean Air Act Register CITATION]. Environmental Quality on January Section 110(a)(1) and (2); 18, 2013. Implementation of the 2010 NO2 National Ambient Air Quality Standards, excluding the appendices. Arizona State Implementation Plan State-wide.......... July 23, 2013...... August 21, 2018, [INSERT Federal Adopted by the Arizona Department of Revision under Clean Air Act Register CITATION]. Environmental Quality on July 23, Section 110(a)(1) and (2); 2013. Implementation of the 2010 SO2 National Ambient Air Quality Standards, excluding the appendices. Arizona State Implementation Plan State-wide.......... December 3, 2015... August 21, 2018, [INSERT Federal Adopted by the Arizona Department of Revision under Clean Air Act Register CITATION]. Environmental Quality on December Section 110(a)(1) and (2); 3, 2015. Implementation of the 2008 ozone and 2010 NO2 National Ambient Air Quality Standards, excluding: (i) The submission in Enclosure 1 titled ``SIP Revision: Clean Air Act Section 110(a)(2)(D) 2008 Ozone National Ambient Air Quality Standards Air Quality Division'' dated December 3, 2015; (ii) All appendices in Enclosure 1; and Enclosure 2. * * * * * * * -------------------------------------------------------------------------------------------------------------------------------------------------------- \1\ Table 1 is divided into three parts: Clean Air Act Section 110(a)(2) State Implementation Plan Elements (excluding Part D Elements and Plans), Part D Elements and Plans (other than for the Metropolitan Phoenix or Tucson Areas), and Part D Elements and Plans for the Metropolitan Phoenix and Tucson Areas. * * * * * Table 3--EPA-Approved Arizona Statutes--Non-Regulatory -------------------------------------------------------------------------------------------------------------------------------------------------------- State submittal State citation Title/subject date EPA approval date Explanation -------------------------------------------------------------------------------------------------------------------------------------------------------- ARIZONA REVISED STATUTES -------------------------------------------------------------------------------------------------------------------------------------------------------- * * * * * * * -------------------------------------------------------------------------------------------------------------------------------------------------------- Title 49 (The Environment) -------------------------------------------------------------------------------------------------------------------------------------------------------- Chapter 1 (General Provisions) -------------------------------------------------------------------------------------------------------------------------------------------------------- Article 1 (Department of Environmental Quality) -------------------------------------------------------------------------------------------------------------------------------------------------------- [[Page 42219]] * * * * * * * -------------------------------------------------------------------------------------------------------------------------------------------------------- 49-104 subsections (A)(3) and Powers and duties of December 3, 2015... August 21, 2018, [INSERT Federal Arizona Revised Statutes (Thomson (B)(1) only. the department and Register CITATION]. Reuters, 2015-16 Cumulative Pocket director. Part). Adopted by the Arizona Department of Environmental Quality on December 3, 2015. -------------------------------------------------------------------------------------------------------------------------------------------------------- * * * * * * * -------------------------------------------------------------------------------------------------------------------------------------------------------- 0 3. Section 52.121 is revised to read as follows: Sec. 52.121 Classification of regions. The Arizona plan is evaluated on the basis of the following classifications: ---------------------------------------------------------------------------------------------------------------- Classifications AQCR (constituent counties) --------------------------------------------------------------------- PM SOX NO2 CO O3 ---------------------------------------------------------------------------------------------------------------- Maricopa Intrastate (Maricopa)............ I III III I I Pima Intrastate (Pima).................... I III III III I Northern Arizona Intrastate (Apache, I III III III III Coconino, Navajo, Yavapai)............... Mohave-Yuma Intrastate (Mohave, Yuma)..... I III III III III Central Arizona Intrastate (Gila, Pinal).. I IA III III III Southeast Arizona Intrastate (Cochise, I IA III III III Graham, Greenlee, Santa Cruz)............ ---------------------------------------------------------------------------------------------------------------- 0 4. Section 52.123 is amended by revising paragraphs (l) through (p), and adding paragraphs (q) and (r) to read as follows: Sec. 52.123 Approval status. * * * * * (l) 1997 8-hour ozone NAAQS: The SIPs submitted on October 14, 2009 and August 24, 2012 are fully or partially disapproved for Clean Air Act (CAA) elements 110(a)(2)(C), (D)(ii), and (J) for all portions of the Arizona SIP. (m) 1997 PM2.5 NAAQS: The SIPs submitted on October 14, 2009 and August 24, 2012 are fully or partially disapproved for Clean Air Act (CAA) elements 110(a)(2)(C), (D)(ii), (J) and (K) for all portions of the Arizona SIP. (n) 2006 PM2.5 NAAQS: The SIPs submitted on October 14, 2009 and August 24, 2012 are fully or partially disapproved for Clean Air Act (CAA) elements 110(a)(2)(C), (D)(i)(II), (D)(ii), and (J) for all portions of the Arizona SIP. (o) 2008 8-hour ozone NAAQS: The SIPs submitted on October 14, 2011, December 27, 2012, and December 3, 2015 are fully or partially disapproved for Clean Air Act (CAA) elements 110(a)(2)(C), (D)(i)(II), D(ii), and (J) for all portions of the Arizona SIP. (p) 2008 Lead (Pb) NAAQS: The SIPs submitted on October 14, 2011 and December 27, 2012 are fully or partially disapproved for Clean Air Act (CAA) elements 110(a)(2)(C), (D)(ii), and (J) for all portions of the Arizona SIP. (q) 2010 Nitrogen Dioxide NAAQS: The SIPs submitted on January 18, 2013 and December 3, 2015 are fully or partially disapproved for CAA elements 110(a)(2)(C), (D)(i)(II), (D)(ii), and (J) for all portions of the Arizona SIP. (r) 2010 Sulfur Dioxide NAAQS: The SIPs submitted on July 23, 2013 and December 3, 2015 are fully or partially disapproved for CAA elements 110(a)(2)(C), (D)(i)(II), (D)(ii), and (J) for all portions of the Arizona SIP. [FR Doc. 2018-17931 Filed 8-20-18; 8:45 am] BILLING CODE 6560-50-P
![42214 Federal Register / Vol. 83, No. 162 / Tuesday, August 21, 2018 / Rules and Regulations
document, as well as all other Revised Statute related to air quality requirements applicable only in
documents of this Department modeling and the submission of nonattainment areas);
published in the Federal Register, in modeling data to the EPA. Finally, the • section 110(a)(2)(D)(i): Interstate
text or Portable Document Format EPA is clarifying several inconsistencies pollution transport;
(PDF). To use PDF you must have between its technical support document • section 110(a)(2)(D)(ii): Interstate
Adobe Acrobat Reader, which is and notice of proposed rulemaking. and international pollution abatement;
available free at the site. DATES: This rule is effective on • section 110(a)(2)(E): Adequate
You may also access documents of the September 20, 2018. resources and authority, conflict of
Department published in the Federal interest, and oversight of local and
ADDRESSES: The EPA has established a
Register by using the article search regional government agencies;
docket for this action under Docket ID
feature at: www.federalregister.gov. • section 110(a)(2)(F): Stationary
No. EPA–R09–OAR–2015–0472. All
Specifically, through the advanced source monitoring and reporting;
documents in the docket are listed on • section 110(a)(2)(G): Emergency
search feature at this site, you can limit the https://www.regulations.gov
your search to documents published by episodes;
website. Although listed in the index, • section 110(a)(2)(H): SIP revisions;
the Department. some information is not publicly • section 110(a)(2)(J): Consultation
Dated: August 16, 2018. available, e.g., Confidential Business with government officials, public
Johnny W. Collett, Information (CBI) or other information notification, prevention of significant
Assistant Secretary for Special Education and whose disclosure is restricted by statute. deterioration (PSD), and visibility
Rehabilitative Services. Certain other material, such as protection;
[FR Doc. 2018–18027 Filed 8–20–18; 8:45 am] copyrighted material, is not placed on • section 110(a)(2)(K): Air quality
BILLING CODE 4000–01–P the internet and will be publicly modeling and submittal of modeling
available only in hard copy form. data;
Publicly available docket materials are • section 110(a)(2)(L): Permitting fees;
ENVIRONMENTAL PROTECTION available through http:// and
AGENCY www.regulations.gov, or please contact • section 110(a)(2)(M): Consultation/
the person identified in the FOR FURTHER participation by affected local entities.
40 CFR Part 52 INFORMATION CONTACT section for Two elements identified in section
additional availability information. 110(a)(2) are not governed by the three-
[EPA–R09–OAR–2015–0472; FRL–9982–
23—Region 9] FOR FURTHER INFORMATION CONTACT: John year submittal deadline of section
Ungvarsky, Air Planning Office (AIR–2), 110(a)(1) and are therefore not
Partial Approval and Partial EPA Region IX, (415) 972–3963, addressed in this action. These two
Disapproval of Air Quality State ungvarsky.john@epa.gov. elements are: Section 110(a)(2)(C) to the
Implementation Plans; Arizona; SUPPLEMENTARY INFORMATION: extent it refers to nonattainment new
Infrastructure Requirements for Throughout this document, the terms source review (NSR) permit programs
Nitrogen Dioxide and Sulfur Dioxide ‘‘we,’’ ‘‘us,’’ and ‘‘our’’ refer to the EPA. required under part D, and section
110(a)(2)(I), pertaining to the
AGENCY: Environmental Protection Table of Contents nonattainment planning requirements of
Agency (EPA). I. Background part D. As a result, this action does not
ACTION: Final rule. II. Public Comments address SIP requirements for the
III. Final Action nonattainment NSR portion of section
SUMMARY: The Environmental Protection IV. Statutory and Executive Order Reviews 110(a)(2)(C) or of section 110(a)(2)(I).
Agency (EPA) is partially approving and In 2010, the EPA promulgated revised
partially disapproving several state I. Background
NAAQS for NO2 and SO2, triggering a
implementation plan (SIP) submissions Section 110(a)(1) of the CAA requires requirement for states to submit
from the State of Arizona pursuant to states to make a SIP submission within infrastructure SIP submissions. The
the requirements of section 110(a)(1) three years after the promulgation of a NAAQS addressed by this infrastructure
and 110(a)(2) of the Clean Air Act (CAA new or revised primary NAAQS. SIP rulemaking include the following:
or ‘‘the Act’’) for the implementation, Section 110(a)(2) includes a list of • 2010 NO2 NAAQS, which revised
maintenance, and enforcement of the specific elements that the SIP must the primary 1971 NO2 annual standard
2010 nitrogen dioxide (NO2) and 2010 include. Many of the section 110(a)(2) of 53 parts per billion (ppb) by
sulfur dioxide (SO2) national ambient SIP elements relate to the general supplementing it with a new 1-hour
air quality standards (NAAQS or information and authorities that average NO2 standard of 100 ppb, and
‘‘standards’’). We refer to such SIP constitute the ‘‘infrastructure’’ of a retained the secondary annual standard
submissions as ‘‘infrastructure’’ SIP state’s air quality management program. of 53 ppb; 1 and
submissions because they are intended SIP submittals that address these • 2010 SO2 NAAQS, which
to address basic structural SIP requirements are referred to as established a new 1-hour average SO2
requirements for new or revised ‘‘infrastructure SIP submissions’’ or ‘‘I– standard of 75 ppb, retained the
standards including, but not limited to, SIP submissions.’’ The I–SIP elements secondary 3-hour average SO2 standard
legal authority, regulatory structure, required by section 110(a)(2) are as of 500 ppb, and established a
resources, permit programs, monitoring, follows: mechanism for revoking the existing
and modeling necessary to assure • Section 110(a)(2)(A): Emission annual and 24-hour SO2 standards.2
sradovich on DSK3GMQ082PROD with RULES
implementation, maintenance, and limits and other control measures;
enforcement of the NAAQS. In addition, • section 110(a)(2)(B): Ambient air 1 75 FR 6474 (February 9, 2010). The annual NO
2
the EPA is reclassifying Pima County quality monitoring/data system; standard of 0.053 parts per million (ppm) is listed
from Priority II to Priority III for SO2 • section 110(a)(2)(C): Program for in ppb for ease of comparison with the new 1-hour
standard.
emergency episode planning purposes. enforcement of control measures and 2 75 FR 35520 (June 22, 2010). The annual SO
2
The EPA is also approving into the regulation of new and modified standard of 0.5 ppm is listed in ppb for ease of
Arizona SIP sections of an Arizona stationary sources (excluding the comparison with the new 1-hour standard.
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![Federal Register / Vol. 83, No. 162 / Tuesday, August 21, 2018 / Rules and Regulations 42215
On May 16, 2016, the EPA proposed SO2 NAAQS for ADEQ and Pinal interference with prevention of
to partially approve and partially County. As explained in the TSD for the significant deterioration, or prong 3
disapprove the Arizona infrastructure proposal notice, while ADEQ and Pinal (ADEQ and Pinal County); 7 section
SIP submissions as meeting the County have SIP-approved PSD 110(a)(2)(D)(ii) interstate pollution
requirements of sections 110(a)(1) and programs that cover most of the abatement (ADEQ and Pinal County);
110(a)(2) of the Act for the requirements of part C, title I of the Act, and section 110(a)(2)(J) prevention of
implementation, maintenance, and they do not have programs that provide significant deterioration (ADEQ and
enforcement of the 2010 NO2 and 2010 for regulating the construction and Pinal County).8 As explained in the
SO2 standards. In addition, we proposed modification of stationary sources of TSD, while ADEQ and Pinal County
to reclassify the Pima Intrastate Air greenhouse gases (GHGs). Instead, all of have SIP-approved PSD programs that
Quality Control Region (AQCR) for SO2 Arizona is subject to the federal PSD cover most of the requirements of part
emergency episode planning. We also program at 40 CFR 52.21 for regulation C, title I of the Act, they do not have
proposed to approve into the Arizona of stationary sources of GHGs.4 As programs that provide for regulating the
SIP Arizona Revised Statutes (ARS) explained in our TSD, the EPA’s 2013 construction and modification of
related to air quality modeling and the I–SIP guidance, and previous EPA stationary sources of GHGs. Instead, all
submission of modeling data to the rulemakings on Arizona I–SIP of Arizona is subject to the federal PSD
EPA.3 The rationale supporting the submissions, if a state does not have a program at 40 CFR 52.21 for regulation
EPA’s actions is explained in our fully approved PSD program that covers of stationary sources of GHGs.9 As
proposal notice and the associated the requirements for all regulated NSR explained in the EPA’s 2013 I–SIP
technical support document (TSD) and pollutants, including GHGs, then the guidance, if a state does not have a fully
will not be restated here. The proposed EPA cannot fully approve an I–SIP approved PSD program that covers the
rule and TSD are available online at submission with respect to the PSD- requirements for all regulated NSR
http://www.regulations.gov, Docket ID related requirements of 110(a)(2)(C), pollutants, including GHGs, then the
number EPA–R09–OAR–2015–0472. 110(a)(2)(D)(i)(II), 110(a)(2)(D)(ii), and EPA cannot fully approve the I–SIP
110(a)(2)(J).5 submission for the requirements of
II. Public Comments 110(a)(2)(C), 110(a)(2)(D)(i)(II),
During the public comment period, III. Final Action 110(a)(2)(D)(ii), and 110(a)(2)(J).10 Thus,
the EPA received one brief and Under CAA section 110(k)(3), and consistent with the TSD for this action,
anonymous comment on the proposed based on the evaluation and rationale past actions on Arizona I–SIP
action. presented in the proposed rule, the submissions, and our 2013 I–SIP
Comment: The commenter states that related TSD, and this final rule, the EPA guidance, this final action serves to
the ‘‘EPA cannot approve the PSD is approving in part and disapproving in clarify that the SIP submissions are
portions of the I–SIPs for both part Arizona infrastructure SIP partially approved and partially
pollutants for [Arizona Department of submissions addressing requirements of disapproved for the PSD-related
Environmental Quality] and Pinal CAA section 110(a)(1) and (2), as infrastructure requirements of
County until both programs have fully applicable, with respect to the 2010 NO2 110(a)(2)(C), 110(a)(2)(D)(i)(II),
approved PM2.5 increment provisions and 2010 SO2 NAAQS. 110(a)(2)(D)(ii), and 110(a)(2)(J) with
that do not contain illegal exemptions.’’ In this final action we are also making respect to ADEQ and Pinal County. The
Response: On May 4, 2018, we several administrative changes to clarify partial disapproval for ADEQ and Pinal
finalized approval of Arizona inconsistencies between our notice of County applies only with respect to the
Department of Environmental Quality proposed rulemaking and TSD. In the fact that these air programs do not have
(ADEQ) rule revisions to correct May 16, 2016 action we inadvertently SIP approved rules to regulate sources
deficiencies in ADEQ’s SIP-approved listed several elements under the of GHG emissions, and instead
NSR program related to the Proposed Approvals and Partial implement a federal implementation
requirements under part C (PSD) and Approvals section of the notice. The plan (FIP) for regulation of sources of
part D (nonattainment NSR) of title I of portions of the infrastructure SIP GHGs pursuant to a delegation
the Act that apply to major stationary submissions that the EPA listed under agreement with the EPA.
sources and major modifications of such the Proposed Approvals and Partial A. Approvals
sources. 83 FR 19631. Section A of Approvals section of the notice, but We are approving the 2010 NO2 and
ADEQ rule R18–2–218, approved into instead should have been listed under 2010 SO2 Arizona infrastructure SIP
the SIP as part of our May 4, 2018 the Proposed Partial Disapprovals
action, includes PSD increments for section of the notice, include: Section regulation of minor sources and minor
criteria pollutants, including NO2, SO2, 110(a)(2)(C) prevention of significant modifications. Only the PSD requirement as
and PM2.5. Our approval of the PSD deterioration (ADEQ and Pinal applicable to ADEQ and Pinal County is included
in the administrative clarifications described in this
increments for PM2.5 into the Arizona County); 6 section 110(a)(2)(D)(i)(II) final action. For additional information on section
SIP applied to both ADEQ and Pinal 110(a)(2)(C) requirements, please see the TSD for
County. The May 4, 2018 final action 4 Technical Support Document, Evaluation of the
this action.
thus resolved the issue identified by the Arizona Infrastructure SIP for 2010 SO2 and NO2 7 In our notice of proposed rulemaking, we
NAAQS, April 29, 2016 at 14. partially mislabeled prong 3 as ‘‘110(a)(2)(D)(i)(I) (in
commenter. 5 Guidance on Infrastructure State part)—interference with maintenance, or prong 3’’.
Nonetheless and as explained further Implementation Plan (SIP) Elements under Clean See 81 FR 31571, 31575, section IV.A (May 16,
below, we are finalizing a partial Air Act Sections 110(a)(1) and 110(a)(2), 2016).
sradovich on DSK3GMQ082PROD with RULES
disapproval of a narrow portion of the Memorandum from Stephen D. Page, September 13, 8 See 81 FR 31571, 31575.
2013. See also Partial Approval and Disapproval of 9 Technical Support Document, Evaluation of the
PSD program elements of the I–SIP Air Quality Implementation Plans; Arizona; Arizona Infrastructure SIP for 2010 SO2 and NO2
submissions for the 2010 NO2 and 2010 Infrastructure Requirements for Ozone and Fine NAAQS, April 29, 2016 at 14.
Particulate Matter. 77 FR 66398 (November 5, 10 Guidance on Infrastructure State
3 Partial Approval and Partial Disapproval of Air 2012). Implementation Plan (SIP) Elements under Clean
Quality State Implementation Plans; Arizona; 6 CAA section 110(a)(2)(C) consists of three sub- Air Act Sections 110(a)(1) and 110(a)(2),
Infrastructure Requirements for Nitrogen Dioxide elements: Program for enforcement of control Memorandum from Stephen D. Page, September 13,
and Sulfur Dioxide. 81 FR 31571 (May 19, 2016). measures, major source PSD program, and 2013.
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![42218 Federal Register / Vol. 83, No. 162 / Tuesday, August 21, 2018 / Rules and Regulations
PART 52—APPROVAL AND Subpart D—Arizona ■ b. In Table 3 by adding an entry for
PROMULGATION OF ‘‘49–104, subsections (A)(3) and (B)(1)
IMPLEMENTATION PLANS ■ 2. Section 52.120 paragraph (e) is only’’ after the entry for ‘‘49–104,
amended by: subsections (A)(2), (A)(4), (B)(3), and
■ a. In Table 1, adding three entries after (B)(5) only’’.
■ 1. The authority citation for part 52
the entry ‘‘Arizona State The additions read as follows:
continues to read as follows:
Implementation Plan Revision under
Authority: 42 U.S.C. 7401 et seq. Clean Air Act Section 110(a)(1) and (2); § 52.120 Identification of plan.
2008 8-hour Ozone NAAQS, excluding * * * * *
the appendices’’; and (e) * * *
TABLE 1—EPA-APPROVED NON-REGULATORY AND QUASI-REGULATORY MEASURES
[Excluding certain resolutions and statutes, which are listed in tables 2 and 3, respectively] 1
Applicable
geographic or
nonattain-
Name of SIP provision State submittal date EPA approval date Explanation
ment
area or title/
subject
The State of Arizona Air Pollution Control Implementation Plan
Clean Air Act Section 110(a)(2) State Implementation Elements (Excluding Part D Elements and Plans
* * * * * * *
Arizona State Implementation Plan Revision State-wide .... January 18, 2013 ....... August 21, 2018, [INSERT Adopted by the Arizona
under Clean Air Act Section 110(a)(1) and Federal Register CITA- Department of Environ-
(2); Implementation of the 2010 NO2 Na- TION]. mental Quality on Janu-
tional Ambient Air Quality Standards, ex- ary 18, 2013.
cluding the appendices.
Arizona State Implementation Plan Revision State-wide .... July 23, 2013 ............. August 21, 2018, [INSERT Adopted by the Arizona
under Clean Air Act Section 110(a)(1) and Federal Register CITA- Department of Environ-
(2); Implementation of the 2010 SO2 Na- TION]. mental Quality on July
tional Ambient Air Quality Standards, ex- 23, 2013.
cluding the appendices.
Arizona State Implementation Plan Revision State-wide .... December 3, 2015 ..... August 21, 2018, [INSERT Adopted by the Arizona
under Clean Air Act Section 110(a)(1) and Federal Register CITA- Department of Environ-
(2); Implementation of the 2008 ozone and TION]. mental Quality on De-
2010 NO2 National Ambient Air Quality cember 3, 2015.
Standards, excluding:
(i) The submission in Enclosure 1 titled
‘‘SIP Revision: Clean Air Act Section
110(a)(2)(D) 2008 Ozone National Am-
bient Air Quality Standards Air Quality
Division’’ dated December 3, 2015;
(ii) All appendices in Enclosure 1; and
Enclosure 2.
* * * * * * *
1 Table
1 is divided into three parts: Clean Air Act Section 110(a)(2) State Implementation Plan Elements (excluding Part D Elements and
Plans), Part D Elements and Plans (other than for the Metropolitan Phoenix or Tucson Areas), and Part D Elements and Plans for the Metropoli-
tan Phoenix and Tucson Areas.
* * * * *
TABLE 3—EPA-APPROVED ARIZONA STATUTES—NON-REGULATORY
State citation Title/subject State submittal date EPA approval date Explanation
ARIZONA REVISED STATUTES
* * * * * * *
sradovich on DSK3GMQ082PROD with RULES
Title 49 (The Environment)
Chapter 1 (General Provisions)
Article 1 (Department of Environmental Quality)
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![Federal Register / Vol. 83, No. 162 / Tuesday, August 21, 2018 / Rules and Regulations 42219
TABLE 3—EPA-APPROVED ARIZONA STATUTES—NON-REGULATORY—Continued
State citation Title/subject State submittal date EPA approval date Explanation
* * * * * * *
49–104 subsections (A)(3) Powers and duties of the December 3, 2015 ............ August 21, 2018, [INSERT Arizona Revised Statutes
and (B)(1) only. department and director. Federal Register CITA- (Thomson Reuters,
TION]. 2015–16 Cumulative
Pocket Part). Adopted
by the Arizona Depart-
ment of Environmental
Quality on December 3,
2015.
* * * * * * *
■ 3. Section 52.121 is revised to read as § 52.121 Classification of regions.
follows: The Arizona plan is evaluated on the
basis of the following classifications:
Classifications
AQCR (constituent counties)
PM SOX NO2 CO O3
Maricopa Intrastate (Maricopa) ................................................................ I III III I I
Pima Intrastate (Pima) ............................................................................. I III III III I
Northern Arizona Intrastate (Apache, Coconino, Navajo, Yavapai) ........ I III III III III
Mohave-Yuma Intrastate (Mohave, Yuma) .............................................. I III III III III
Central Arizona Intrastate (Gila, Pinal) .................................................... I IA III III III
Southeast Arizona Intrastate (Cochise, Graham, Greenlee, Santa
Cruz) ..................................................................................................... I IA III III III
■ 4. Section 52.123 is amended by December 27, 2012 are fully or partially ACTION: Final rule.
revising paragraphs (l) through (p), and disapproved for Clean Air Act (CAA)
adding paragraphs (q) and (r) to read as elements 110(a)(2)(C), (D)(ii), and (J) for SUMMARY: The Environmental Protection
follows: all portions of the Arizona SIP. Agency (EPA) is approving a state
(q) 2010 Nitrogen Dioxide NAAQS: implementation plan (SIP) revision
§ 52.123 Approval status. The SIPs submitted on January 18, 2013 submitted by the Commonwealth of
* * * * * and December 3, 2015 are fully or Virginia (the Commonwealth or
(l) 1997 8-hour ozone NAAQS: The partially disapproved for CAA elements Virginia) on July 16, 2015. This SIP
SIPs submitted on October 14, 2009 and 110(a)(2)(C), (D)(i)(II), (D)(ii), and (J) for submittal changes Virginia’s reliance on
August 24, 2012 are fully or partially all portions of the Arizona SIP. the Clean Air Interstate Rule (CAIR) to
disapproved for Clean Air Act (CAA) (r) 2010 Sulfur Dioxide NAAQS: The reliance on the Cross-State Air Pollution
elements 110(a)(2)(C), (D)(ii), and (J) for SIPs submitted on July 23, 2013 and Rule (CSAPR) for certain elements of
all portions of the Arizona SIP. December 3, 2015 are fully or partially Virginia’s regional haze program. EPA is
(m) 1997 PM2.5 NAAQS: The SIPs disapproved for CAA elements approving the visibility portion of
submitted on October 14, 2009 and 110(a)(2)(C), (D)(i)(II), (D)(ii), and (J) for Virginia’s infrastructure SIP submittals
August 24, 2012 are fully or partially all portions of the Arizona SIP. for the 2010 sulfur dioxide (SO2) and
disapproved for Clean Air Act (CAA) 2012 fine particulate matter (PM2.5)
[FR Doc. 2018–17931 Filed 8–20–18; 8:45 am]
elements 110(a)(2)(C), (D)(ii), (J) and (K) national ambient air quality standards
BILLING CODE 6560–50–P
for all portions of the Arizona SIP. (NAAQS) and approving element (J) for
(n) 2006 PM2.5 NAAQS: The SIPs visibility of Virginia’s infrastructure SIP
submitted on October 14, 2009 and submittal for the 2010 SO2 NAAQS.
ENVIRONMENTAL PROTECTION
August 24, 2012 are fully or partially EPA is also converting the Agency’s
AGENCY
disapproved for Clean Air Act (CAA) prior limited approval/limited
elements 110(a)(2)(C), (D)(i)(II), (D)(ii), 40 CFR Part 52 disapproval of Virginia’s regional haze
and (J) for all portions of the Arizona program to a full approval and
SIP. withdrawing the federal implementation
(o) 2008 8-hour ozone NAAQS: The [EPA–R03–OAR–2017–0601; FRL–9982–
32—Region 3] plan (FIP) provisions addressing our
SIPs submitted on October 14, 2011, prior limited disapproval. This action is
sradovich on DSK3GMQ082PROD with RULES
December 27, 2012, and December 3, Air Plan Approval; Virginia; Regional being taken under the Clean Air Act
2015 are fully or partially disapproved Haze Plan and Visibility for the 2010 (CAA).
for Clean Air Act (CAA) elements Sulfur Dioxide and 2012 Fine
110(a)(2)(C), (D)(i)(II), D(ii), and (J) for DATES: This final rule is effective on
Particulate Matter Standards September 20, 2018.
all portions of the Arizona SIP.
(p) 2008 Lead (Pb) NAAQS: The SIPs AGENCY: Environmental Protection ADDRESSES: EPA has established a
submitted on October 14, 2011 and Agency (EPA). docket for this action under Docket ID
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Document Created: 2018-08-21 00:07:56
Document Modified: 2018-08-21 00:07:56
| 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 on September 20, 2018. | |
| Contact | John Ungvarsky, Air Planning Office (AIR-2), EPA Region IX, (415) 972-3963, [email protected] | |
| FR Citation | 83 FR 42214 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide; Reporting and Recordkeeping Requirements and Sulfur Dioxide |
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