83 FR 56734 - Approval of Arizona Air Plan; Hayden Lead Nonattainment Area Plan for the 2008 Lead Standard
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 83, Issue 220 (November 14, 2018)
Federal Register Volume 83, Issue 220 (November 14, 2018)
| Page Range | 56734-56736 | |
| FR Document | 2018-24740 |
[Federal Register Volume 83, Number 220 (Wednesday, November 14, 2018)] [Rules and Regulations] [Pages 56734-56736] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-24740] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R09-OAR-2018-0222; FRL-9986-31-Region 9] Approval of Arizona Air Plan; Hayden Lead Nonattainment Area Plan for the 2008 Lead Standard AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is approving a state implementation plan (SIP) revision submitted by the State of Arizona to meet Clean Air Act (CAA or ``Act'') requirements applicable to the Hayden lead nonattainment area (``Hayden Lead NAA''). The EPA is approving the base year emissions inventory, the attainment demonstration, the control strategy, including reasonably available control technology and reasonably available control measures demonstrations, the reasonable further progress demonstration, and the contingency measure as meeting the requirements of the CAA and the EPA's implementing regulations for the 2008 lead national ambient air quality standard (NAAQS). We also find that the State has demonstrated that the Arizona SIP meets the new source review (NSR) requirements of CAA section 172(c)(5) for the Hayden Lead NAA. DATES: This final rule is effective on December 14, 2018. ADDRESSES: The EPA has established a docket for this action under Docket ID No. EPA-R09-OAR-2018-0222. 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 https://www.regulations.gov, or please contact the person identified in the FOR FURTHER INFORMATION CONTACT section for additional availability information. FOR FURTHER INFORMATION CONTACT: Ginger Vagenas, EPA Region IX, 415- 972-3964, [email protected]. SUPPLEMENTARY INFORMATION: Throughout this document, the terms ``we,'' ``us,'' and ``our'' mean the EPA. Table of Contents I. Background II. Proposed Action and Public Comment III. Final Action IV. Statutory and Executive Order Reviews I. Background Lead is generally emitted in the form of particles that are deposited in water, soil, and dust. People may be exposed to lead by inhaling it or by ingesting lead-contaminated food, water, soil, or dust. Once in the body, lead is quickly absorbed into the bloodstream and can result in a broad range of adverse health effects including damage to the central nervous system, cardiovascular function, kidneys, immune system, and red blood cells. Children are particularly vulnerable to lead exposure, in part because they are more likely to ingest lead and in part because their still-developing bodies are more sensitive to the effects of lead. The harmful effects to children's developing nervous systems (including their brains) arising from lead exposure may include IQ \1\ loss, poor academic achievement, long-term learning disabilities, and an increased risk of delinquent behavior. --------------------------------------------------------------------------- \1\ IQ (intelligence quotient) is a score created by dividing a person's mental age score, obtained by administering an intelligence test, by the person's chronological age, both expressed in terms of years and months. ``Glossary of Important Assessment and Measurement Terms,'' Philadelphia, PA: National Council on Measurement in Education. 2016. --------------------------------------------------------------------------- The EPA first established a lead standard in 1978 at 1.5 micrograms per meter cubed ([micro]g/m\3\) as a quarterly average.\2\ Based on new health and scientific data, the EPA revised the federal lead standard to 0.15 [micro]g/m\3\ and revised the averaging time for the standard on October 15, 2008.\3\ A violation of the standard occurs when ambient lead concentrations exceed 0.15 [micro]g/m\3\ averaged over a 3-month rolling period. --------------------------------------------------------------------------- \2\ 43 FR 46246 (October 5, 1978). \3\ 73 FR 66964 (November 12, 2008) (``lead NAAQS rule''). --------------------------------------------------------------------------- Following the promulgation of a new or revised NAAQS, the EPA is required by the CAA to designate areas throughout the United States as attaining or not attaining the NAAQS. This process is set forth in section 107(d)(1) of the Act. After initially being designated unclassifiable due to insufficient monitoring data, the Hayden area was redesignated nonattainment on September 3, 2014, effective October 3, 2014.4 5 The designation of the Hayden area as nonattainment for the 2008 lead NAAQS triggered requirements under section 191(a) of the CAA requiring Arizona to submit a SIP revision with a plan to attain the standard as expeditiously as practicable, but no later than October 3, 2019. --------------------------------------------------------------------------- \4\ 79 FR 52205. \5\ For an exact description of the Hayden Lead NAA, see 40 CFR 81.303. --------------------------------------------------------------------------- The Arizona Department of Environmental Quality (ADEQ) is the air quality agency that develops SIP revisions for the Hayden area. The SIP revision for the Hayden Lead NAA, entitled ``SIP Revision: Hayden Lead Nonattainment Area'' (``2017 Hayden Lead Plan'' or ``Plan'') was adopted by ADEQ on March 3, 2017, and submitted to the EPA on the same day.\6\ The Plan includes a 2012 base year emissions inventory, a demonstration that controls required under the Plan are sufficient to bring the area into attainment of the 2008 lead NAAQS, an analysis that demonstrates reasonably available control measures/reasonably available control technology (RACM/RACT) levels of control are required to be implemented, a demonstration that the Plan provides for reasonable further progress (RFP) towards attainment, and a contingency measure that will be implemented if the area fails to make [[Page 56735]] RFP or to attain the NAAQS by the applicable deadlines. The Plan also describes ADEQ's NSR program and its intention to submit revisions to its NSR rules to address deficiencies identified by the EPA.\7\ --------------------------------------------------------------------------- \6\ Letter dated March 3, 2017, from Timothy S. Franquist, Director, Air Quality Division, ADEQ, to Alexis Strauss, Acting Regional Administrator, EPA Region IX. \7\ ADEQ subsequently submitted the changes and, on May 4, 2018, the EPA approved the revision into the SIP (83 FR 19631). The SIP revision ensures that ADEQ's rules provide for appropriate NSR for lead sources undergoing construction or major modification in the Hayden Lead NAA. --------------------------------------------------------------------------- II. Proposed Action and Public Comment On July 3, 2018, the EPA published a notice of proposed rulemaking in which we proposed to approve the Plan as a revision to the Arizona SIP.8 9 The rationale for our proposed action is included in the proposal, and will not be restated here. --------------------------------------------------------------------------- \8\ 83 FR 31087. \9\ ADEQ has determined that the cause of the nonattainment status in the Hayden area is the primary copper smelter owned and operated by ASARCO, which accounts for over 99 percent of lead emissions, and that the emissions generally come from the hot-metal smelting process and lead-bearing fugitive dust. Plan, 38. ADEQ's control strategy for the Hayden Lead NAA relies on the implementation of two source-specific regulations in the Arizona Administrative Code: Rule R18-2-B1301 (limits on Lead Emissions from the Hayden Smelter) and Rule R-18-2-B1301.01 (Limits on Lead-Bearing Fugitive Dust from the Hayden Smelter), and two associated appendices. We approved Rule R-18-B1301.01 and Appendix 15 into the Arizona SIP on February 22, 2018 (83 FR 7614) and, in a notice signed on October 30, 2018, we approved Rule R18-2-B1301 and Appendix 14. --------------------------------------------------------------------------- The EPA's proposed action provided a 30-day public comment period. During this period, we received six anonymous comments. After reviewing the comments, we determined that two were ``test comments'' that did not include any text and therefore do not necessitate a response. Three comments were outside the scope of our proposed action and failed to identify any material issue necessitating a response. The sixth comment included the observation that the EPA had used the term ``off-road'' when describing a portion of mobile source inventory, but the term ``non-road'' was used in the table summarizing ADEQ's base year emissions inventory. The commenter asked if, to make it consistent, would ``off-road'' be used throughout the proposal? In the proposal, we explained that emissions can be grouped into two general categories: Stationary and mobile. We further noted that stationary source category can be subdivided into point and area sources and that the mobile source category can be subdivided into on- road and off-road categories.\10\ In tables 1 and 3, which immediately follow that discussion, we listed emissions for point, area, mobile source (non-road) and mobile source (on-road) categories.\11\ In our proposed action, we used the terms interchangeably and believe their equivalent meaning is apparent from the context. --------------------------------------------------------------------------- \10\ 83 FR 31087, 31090. \11\ Id. Note that the terms off-road and non-road do not appear elsewhere in the notice. --------------------------------------------------------------------------- The comments have been added to the docket for this action and are accessible at https://www.regulations.gov/docket?D=EPA-R09-OAR-2018-0222. III. Final Action For the reasons discussed in the proposal, the EPA is approving under CAA section 110(k)(3) the 2017 Hayden Lead Plan as a revision to the Arizona SIP. Specifically, we are approving: (1) The SIP's base year emissions inventory as meeting the requirements of CAA section 172(c)(3) and 40 CFR 51.117(e)(1); (2) the attainment demonstration, including air quality modeling, as meeting the requirements of CAA section 172(c)(1); (3) the RACM/RACT demonstration as meeting the requirements of CAA section 172(c)(1); (4) the RFP demonstration as meeting the requirements of CAA section 172(c)(2); and (5) the contingency measure as meeting the requirements of the CAA section 172(c)(9); We also find that the State has demonstrated that the Arizona SIP meets the NSR requirements of CAA section 172(c)(5) for the Hayden Lead NAA. IV. Statutory and Executive Order Reviews Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the Act and applicable federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, the EPA's role is to approve state choices, provided that they meet the criteria of the CAA. Accordingly, this 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 2, 2017) regulatory action because SIP approvals are exempted under Executive Order 12866; does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Public Law 104-4); does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the CAA; and does not provide the EPA with the discretionary authority to address disproportionate human health or environmental effects with practical, appropriate, and legally permissible methods under Executive Order 12898 (59 FR 7629, February 16, 1994). In addition, the SIP is not approved to apply on any Indian reservation land or in any other area where the EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the rule does not have tribal implications and will not impose substantial direct costs on tribal governments or preempt tribal law as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). We offered to consult with San Carlos Apache Tribe, which has lands adjacent to the Hayden lead nonattainment area. The tribe did not respond to the EPA's offer to consult. 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 [[Page 56736]] 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 ``major rule'' as defined by 5 U.S.C. 804(2). 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 January 14, 2019. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action 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, Lead, and Reporting and recordkeeping requirements. Authority: 42 U.S.C. 7401 et seq. Dated: October 31, 2018. Deborah Jordan, Acting Regional Administrator, Region IX. 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 D--Arizona 0 2. Section 52.120 in paragraph (e), Table 1 is amended by adding, under the table heading ``Part D Elements and Plans (Other than for the Metropolitan Phoenix and Tucson Areas),'' an entry for ``SIP Revision: Hayden Lead Nonattainment Area, excluding Appendix C.'' after the entry for ``Maintenance Plan Renewal, 1971 Sulfur Dioxide National Ambient Air Quality Standards, Douglas Maintenance Area.'' The addition reads 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 ---------------------------------------------------------------------------------------------------------------- * * * * * * * SIP Revision: Hayden Lead Hayden, AZ Lead March 3, 2017..... [INSERT Federal Adopted by the Nonattainment Area, excluding Nonattainment Register Arizona Appendix C. Area. CITATION], Department of November 14, 2018. Environmental Quality on March 3, 2017. * * * * * * * ---------------------------------------------------------------------------------------------------------------- \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. * * * * * [FR Doc. 2018-24740 Filed 11-13-18; 8:45 am] BILLING CODE 6560-50-P
![56734 Federal Register / Vol. 83, No. 220 / Wednesday, November 14, 2018 / Rules and Regulations
TABLE 17.1—SUMMARY OF GC/MS ANALYSIS QUALITY CONTROL PROCEDURES—Continued
Parameter Frequency Acceptance criteria Corrective action
Field Blanks ................................... Two per sampling period .............. No greater than one-third of the Flag Data for possible invalidation
measured target analyte or due to high blank bias.
compliance limit.
a Every 24 hours.
* * * * * the internet and will be publicly revised the averaging time for the
[FR Doc. 2018–24747 Filed 11–13–18; 8:45 am] available only in hard copy form. standard on October 15, 2008.3 A
BILLING CODE 6560–50–P Publicly available docket materials are violation of the standard occurs when
available through https:// ambient lead concentrations exceed 0.15
www.regulations.gov, or please contact mg/m3 averaged over a 3-month rolling
ENVIRONMENTAL PROTECTION the person identified in the FOR FURTHER period.
AGENCY INFORMATION CONTACT section for Following the promulgation of a new
additional availability information. or revised NAAQS, the EPA is required
40 CFR Part 52 by the CAA to designate areas
FOR FURTHER INFORMATION CONTACT:
[EPA–R09–OAR–2018–0222; FRL–9986–31– Ginger Vagenas, EPA Region IX, 415– throughout the United States as
Region 9] 972–3964, Vagenas.Ginger@epa.gov. attaining or not attaining the NAAQS.
SUPPLEMENTARY INFORMATION: This process is set forth in section
Approval of Arizona Air Plan; Hayden Throughout this document, the terms 107(d)(1) of the Act. After initially being
Lead Nonattainment Area Plan for the ‘‘we,’’ ‘‘us,’’ and ‘‘our’’ mean the EPA. designated unclassifiable due to
2008 Lead Standard insufficient monitoring data, the
Table of Contents Hayden area was redesignated
AGENCY: Environmental Protection
Agency (EPA). I. Background nonattainment on September 3, 2014,
II. Proposed Action and Public Comment effective October 3, 2014.4 5 The
ACTION: Final rule.
III. Final Action designation of the Hayden area as
SUMMARY: The Environmental Protection IV. Statutory and Executive Order Reviews nonattainment for the 2008 lead
Agency (EPA) is approving a state I. Background NAAQS triggered requirements under
implementation plan (SIP) revision section 191(a) of the CAA requiring
Lead is generally emitted in the form
submitted by the State of Arizona to Arizona to submit a SIP revision with a
of particles that are deposited in water,
meet Clean Air Act (CAA or ‘‘Act’’) plan to attain the standard as
soil, and dust. People may be exposed
requirements applicable to the Hayden expeditiously as practicable, but no later
to lead by inhaling it or by ingesting
lead nonattainment area (‘‘Hayden Lead than October 3, 2019.
lead-contaminated food, water, soil, or The Arizona Department of
NAA’’). The EPA is approving the base dust. Once in the body, lead is quickly
year emissions inventory, the Environmental Quality (ADEQ) is the air
absorbed into the bloodstream and can quality agency that develops SIP
attainment demonstration, the control result in a broad range of adverse health
strategy, including reasonably available revisions for the Hayden area. The SIP
effects including damage to the central
control technology and reasonably revision for the Hayden Lead NAA,
nervous system, cardiovascular
available control measures entitled ‘‘SIP Revision: Hayden Lead
function, kidneys, immune system, and
demonstrations, the reasonable further Nonattainment Area’’ (‘‘2017 Hayden
red blood cells. Children are
progress demonstration, and the Lead Plan’’ or ‘‘Plan’’) was adopted by
particularly vulnerable to lead exposure,
contingency measure as meeting the ADEQ on March 3, 2017, and submitted
in part because they are more likely to
requirements of the CAA and the EPA’s to the EPA on the same day.6 The Plan
ingest lead and in part because their
implementing regulations for the 2008 includes a 2012 base year emissions
still-developing bodies are more
lead national ambient air quality inventory, a demonstration that controls
sensitive to the effects of lead. The
standard (NAAQS). We also find that required under the Plan are sufficient to
harmful effects to children’s developing
the State has demonstrated that the nervous systems (including their brains) bring the area into attainment of the
Arizona SIP meets the new source arising from lead exposure may include 2008 lead NAAQS, an analysis that
review (NSR) requirements of CAA IQ 1 loss, poor academic achievement, demonstrates reasonably available
section 172(c)(5) for the Hayden Lead long-term learning disabilities, and an control measures/reasonably available
NAA. increased risk of delinquent behavior. control technology (RACM/RACT)
The EPA first established a lead levels of control are required to be
DATES: This final rule is effective on
standard in 1978 at 1.5 micrograms per implemented, a demonstration that the
December 14, 2018.
meter cubed (mg/m3) as a quarterly Plan provides for reasonable further
ADDRESSES: The EPA has established a progress (RFP) towards attainment, and
docket for this action under Docket ID average.2 Based on new health and
scientific data, the EPA revised the a contingency measure that will be
No. EPA–R09–OAR–2018–0222. All implemented if the area fails to make
documents in the docket are listed on federal lead standard to 0.15 mg/m3 and
the https://www.regulations.gov 1 IQ (intelligence quotient) is a score created by
3 73 FR 66964 (November 12, 2008) (‘‘lead
website. Although listed in the index, dividing a person’s mental age score, obtained by NAAQS rule’’).
some information is not publicly administering an intelligence test, by the person’s 4 79 FR 52205.
available, e.g., Confidential Business chronological age, both expressed in terms of years 5 For an exact description of the Hayden Lead
Information (CBI) or other information and months. ‘‘Glossary of Important Assessment NAA, see 40 CFR 81.303.
and Measurement Terms,’’ Philadelphia, PA: 6 Letter dated March 3, 2017, from Timothy S.
whose disclosure is restricted by statute. National Council on Measurement in Education. Franquist, Director, Air Quality Division, ADEQ, to
Certain other material, such as 2016. Alexis Strauss, Acting Regional Administrator, EPA
copyrighted material, is not placed on 2 43 FR 46246 (October 5, 1978). Region IX.
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![56736 Federal Register / Vol. 83, No. 220 / Wednesday, November 14, 2018 / Rules and Regulations
publication of the rule in the Federal List of Subjects in 40 CFR Part 52 Authority: 42 U.S.C. 7401 et seq.
Register. A major rule cannot take effect
Environmental protection, Air Subpart D—Arizona
until 60 days after it is published in the
pollution control, Incorporation by
Federal Register. This action is not a
‘‘major rule’’ as defined by 5 U.S.C. reference, Intergovernmental relations, ■ 2. Section 52.120 in paragraph (e),
804(2). Lead, and Reporting and recordkeeping Table 1 is amended by adding, under
Under section 307(b)(1) of the Clean requirements.
the table heading ‘‘Part D Elements and
Air Act, petitions for judicial review of Authority: 42 U.S.C. 7401 et seq. Plans (Other than for the Metropolitan
this action must be filed in the United Phoenix and Tucson Areas),’’ an entry
Dated: October 31, 2018.
States Court of Appeals for the for ‘‘SIP Revision: Hayden Lead
Deborah Jordan,
appropriate circuit by January 14, 2019. Nonattainment Area, excluding
Filing a petition for reconsideration by Acting Regional Administrator, Region IX.
Appendix C.’’ after the entry for
the Administrator of this final rule does Part 52, chapter I, title 40 of the Code ‘‘Maintenance Plan Renewal, 1971
not affect the finality of this action for of Federal Regulations is amended as Sulfur Dioxide National Ambient Air
the purposes of judicial review nor does follows: Quality Standards, Douglas
it extend the time within which a
petition for judicial review may be filed, Maintenance Area.’’ The addition reads
PART 52—APPROVAL AND
and shall not postpone the effectiveness as follows:
PROMULGATION OF
of such rule or action. This action may IMPLEMENTATION PLANS § 52.120 Identification of plan.
not be challenged later in proceedings to
enforce its requirements. (See section ■ 1. The authority citation for Part 52 * * * * *
307(b)(2).) continues to read as follows: (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 non-
Name of SIP provision State submittal date EPA approval date Explanation
attainment area or title/subject
The State of Arizona Air Pollution Control Implementation Plan
* * * * * * *
SIP Revision: Hayden Lead Non- Hayden, AZ Lead Nonattainment March 3, 2017 ........ [INSERT Federal Register CITA- Adopted by the Arizona Depart-
attainment Area, excluding Ap- Area. TION], November 14, 2018. ment of Environmental Quality
pendix C. on March 3, 2017.
* * * * * * *
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.
* * * * * revisions concern emissions of lead and Publicly available docket materials are
[FR Doc. 2018–24740 Filed 11–13–18; 8:45 am] sulfur dioxide (SO2) from the copper available through https://
BILLING CODE 6560–50–P smelter at Hayden, AZ and SO2 from the www.regulations.gov, or please contact
copper smelter at Miami, AZ. We are the person identified in the FOR FURTHER
approving local rules that regulate these INFORMATION CONTACT section for
ENVIRONMENTAL PROTECTION emission sources under the Clean Air additional availability information.
AGENCY Act (CAA or the Act). FOR FURTHER INFORMATION CONTACT:
40 CFR Part 52 This rule will be effective on
DATES: Kevin Gong, EPA Region IX, (415) 972–
December 14, 2018. 3073, gong.kevin@epa.gov.
[EPA–R09–OAR–2017–0661; FRL–9986–32–
SUPPLEMENTARY INFORMATION:
Region 9] ADDRESSES: The EPA has established a
docket for this action under Docket ID Throughout this document, ‘‘we,’’ ‘‘us’’
Air Plan Approval; Arizona; Hayden No. EPA–R09–OAR–2017–0661. All and ‘‘our’’ refer to the EPA.
and Miami Areas; Lead and Sulfur documents in the docket are listed on Table of Contents
Dioxide Control Measures—Copper the https://www.regulations.gov
Smelters I. Proposed Action
website. Although listed in the index, II. Public Comments and EPA Responses
AGENCY: Environmental Protection some information is not publicly III. EPA Action
Agency (EPA). available, e.g., Confidential Business IV. Incorporation by Reference
ACTION: Final rule.
Information (CBI) or other information V. Statutory and Executive Order Reviews
whose disclosure is restricted by statute.
SUMMARY: The Environmental Protection Certain other material, such as I. Proposed Action
Agency (EPA) is taking final action to copyrighted material, is not placed on On March 30, 2018 (83 FR 13716), the
approve revisions to the Arizona State the internet and will be publicly EPA proposed to approve the following
Implementation Plan (SIP). These available only in hard copy form. rules into the Arizona SIP.1
1 In addition to the rules addressed in this action, 715—Standards of Performance for Existing Primary B1301.01 into the SIP, 83 FR 7614 (February 22,
ADEQ’s April 6, 2017 submittal also included R18– Copper Smelters: Site-Specific Requirements; and 2018) and intends to take action on the remaining
2–B1301.01—Limits on Lead-Bearing Fugitive Dust R18–2–715.01—Standards of Performance for rules in a separate rulemaking.
from the Hayden Smelter; R18–2–B1302—Limits on Existing Primary Copper Smelters; Compliance and
SO2 Emissions from the Hayden Smelter; R18–2– Monitoring. The EPA has already approved R18–2–
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Document Created: 2018-11-14 03:32:37
Document Modified: 2018-11-14 03:32:37
| 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 final rule is effective on December 14, 2018. | |
| Contact | Ginger Vagenas, EPA Region IX, 415- 972-3964, [email protected] | |
| FR Citation | 83 FR 56734 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Lead and Reporting and Recordkeeping Requirements |
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