83_FR_56956 83 FR 56736 - Air Plan Approval; Arizona; Hayden and Miami Areas; Lead and Sulfur Dioxide Control Measures-Copper Smelters

83 FR 56736 - Air Plan Approval; Arizona; Hayden and Miami Areas; Lead and Sulfur Dioxide Control Measures-Copper Smelters

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 220 (November 14, 2018)

Page Range56736-56739
FR Document2018-24743

The Environmental Protection Agency (EPA) is taking final action to approve revisions to the Arizona State Implementation Plan (SIP). These revisions concern emissions of lead and sulfur dioxide (SO<INF>2</INF>) from the copper smelter at Hayden, AZ and SO<INF>2</INF> from the copper smelter at Miami, AZ. We are approving local rules that regulate these emission sources under the Clean Air Act (CAA or the Act).

Federal Register, Volume 83 Issue 220 (Wednesday, November 14, 2018)
[Federal Register Volume 83, Number 220 (Wednesday, November 14, 2018)]
[Rules and Regulations]
[Pages 56736-56739]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-24743]


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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2017-0661; FRL-9986-32-Region 9]


Air Plan Approval; Arizona; Hayden and Miami Areas; Lead and 
Sulfur Dioxide Control Measures--Copper Smelters

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to approve revisions to the Arizona State Implementation Plan 
(SIP). These revisions concern emissions of lead and sulfur dioxide 
(SO2) from the copper smelter at Hayden, AZ and 
SO2 from the copper smelter at Miami, AZ. We are approving 
local rules that regulate these emission sources under the Clean Air 
Act (CAA or the Act).

DATES: This rule will be effective on December 14, 2018.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R09-OAR-2017-0661. 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: Kevin Gong, EPA Region IX, (415) 972-
3073, [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and 
``our'' refer to the EPA.

Table of Contents

I. Proposed Action
II. Public Comments and EPA Responses
III. EPA Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. Proposed Action

    On March 30, 2018 (83 FR 13716), the EPA proposed to approve the 
following rules into the Arizona SIP.\1\
---------------------------------------------------------------------------

    \1\ In addition to the rules addressed in this action, ADEQ's 
April 6, 2017 submittal also included R18-2-B1301.01--Limits on 
Lead-Bearing Fugitive Dust from the Hayden Smelter; R18-2-B1302--
Limits on SO2 Emissions from the Hayden Smelter; R18-2-
715--Standards of Performance for Existing Primary Copper Smelters: 
Site-Specific Requirements; and R18-2-715.01--Standards of 
Performance for Existing Primary Copper Smelters; Compliance and 
Monitoring. The EPA has already approved R18-2-B1301.01 into the 
SIP, 83 FR 7614 (February 22, 2018) and intends to take action on 
the remaining rules in a separate rulemaking.

[[Page 56737]]



----------------------------------------------------------------------------------------------------------------
            Rule citation                      Rule title                     Effective              Submitted
----------------------------------------------------------------------------------------------------------------
R18-2-B1301.........................  Limits on Lead Emissions      7/1/2018 or 180 calendar            4/6/2017
                                       from the Hayden Smelter.      days after completion of
                                                                     all Converter Retrofit
                                                                     Project improvements
                                                                     authorized by Significant
                                                                     Permit Revision No. 60647.
R18-2-C1302.........................  Limits on SO2 Emissions from  On the later of the                 4/6/2017
                                       the Miami Smelter.            effective date of the EPA
                                                                     Administrator's action
                                                                     approving it as part of the
                                                                     state implementation plan
                                                                     or January 1, 2018.
Appendix 14.........................  Procedures for Sulfur         5/7/2017....................        4/6/2017
                                       Dioxide and Lead Fugitive
                                       Emissions Studies for the
                                       Hayden Smelter.
R18-2-715.02........................  Standards of Performance for  5/7/2017....................        4/6/2017
                                       Existing Primary Copper
                                       Smelters; Fugitive
                                       Emissions.
----------------------------------------------------------------------------------------------------------------

    We proposed to approve these rules because we determined that they 
comply with the relevant CAA requirements. Our proposed action contains 
more information on the rules and our evaluation.

II. Public Comments and EPA Responses

    The EPA's notice of proposed rulemaking provided a 30-day public 
comment period. During this period, we received 15 comments. Nine of 
these comments address issues not related to the subject of this 
rulemaking, including: Environmental quality issues in Asia, climate 
change policy, and other federal requirements not related to 
SO2 or lead pollution in Arizona. Six comments are germane 
to this rulemaking, and are supportive of the EPA's proposal to approve 
these regulations. One of these commenters raised a concern about the 
State and the EPA's statement that controlling emissions from the 
1,000-foot stack would result in improved air quality at the ground 
level monitors at Hillcrest and Globe Highway in the Hayden Area. This 
commenter also suggested that the EPA should pay additional attention 
to fugitive lead emissions that may result from other smelter 
processes, including furnace dust and from residue from converter bed 
cleaning. We thank the commenter for the questions and suggestion and 
address the issues raised below.
    The Arizona Department of Environmental Quality (ADEQ) and the EPA 
believe that the prime contributors to lead nonattainment are fugitive 
emissions from smelter operations and leaded dust surrounding the 
smelter. Rule R18-2-B1301.01, approved into the Arizona SIP in 83 FR 
7614, addresses leaded dust control measures for non-smelting process 
sources, which includes sources such as the bedding plant and reverts 
piles. Dust and material generated from smelter process sources, such 
as furnace and converter dust, are collected and deposited in these 
non-smelting process sources for disposal or reintroduction into the 
smelter process. Rule R18-2-B1301 addresses fugitive emissions from 
smelter operations by establishing operational standards for process 
equipment and control devices, requirements for the process gas capture 
system and control devices operations and maintenance plan (O&M plan), 
performance testing and compliance demonstration requirements, and 
recordkeeping and reporting requirements. However, Rule R18-2-B1301 
does not include a numeric fugitive lead emissions limit. The EPA 
recognized this issue during the rule development process and requested 
that ADEQ provide supplementary analysis to address this concern. ADEQ 
responded on October 11, 2018, stating that continuous monitoring of 
fugitive lead emissions is technically infeasible, and that parametric 
monitoring of capture and control device efficiency (which would 
minimize uncontrolled fugitive emissions, and increase the volume of 
process gas directed to control devices and ultimately the 1,000-foot 
stack) was a suitable proxy for a numeric fugitive lead limit. ADEQ 
also reiterated that the fugitive emissions analyses required by 
Appendix 14 would be used to validate this approach.\2\ The EPA 
generally agrees with this reasoning.
---------------------------------------------------------------------------

    \2\ Letter from Timothy S. Franquist, Director, Air Quality 
Division, Arizona Department of Environmental Quality, to Michael 
Stoker, Regional Administrator, U.S. Environmental Protection 
Agency, Region 9, ``Re: Justification and Clarification on Arizona 
Administrative Code R18-2-B1301, Limits on Lead Emissions from the 
Hayden Smelter,'' dated October 11, 2018.
---------------------------------------------------------------------------

    The EPA also requested that ADEQ address an issue regarding the 
allowance for alternative sampling points for SO2 at the 
Miami Smelter. Specifically, we requested that ADEQ eliminate a 
provision that allowed for the owner or operator of the Miami Smelter 
to petition for an alternative sampling point if the current locations 
proved infeasible. Such flexibility might have been necessary at the 
time of rule development, as capture and control upgrades were still 
being installed; however, now that the upgrades are complete, we do not 
believe this flexibility is still necessary. ADEQ agreed to withdraw 
subsection (E)(6) of Rule R18-2-C1302 allowing for alternative sampling 
point since none are needed at the Miami Smelter.\3\
---------------------------------------------------------------------------

    \3\ Letter from Timothy S. Franquist, Director, Air Quality 
Division, Arizona Department of Environmental Quality, to Michael 
Stoker, Regional Administrator, U.S. Environmental Protection 
Agency, Region 9, ``Re: Request to Withdraw from EPA Consideration, 
Arizona Administrative Code R18-2-C1302, Subsection (E)(6),'' dated 
August 27, 2018.
---------------------------------------------------------------------------

    The comments and additional analysis from ADEQ have been added to 
the docket for this action and are accessible at https://www.regulations.gov/docket?D=EPA-R09-OAR-2017-0661.

III. EPA Action

    No comments were submitted that change our assessment of the rules 
as described in our proposed action. Therefore, as authorized in 
section 110(k)(3) of the Act, the EPA is approving these rules into the 
Arizona SIP, with the exception of subsection (E)(6) in Rule R18-2-
C1302, which was withdrawn by ADEQ. The EPA is also approving Appendix 
14 and revised R18-2-715.02.

IV. Incorporation by Reference

    In this rule the EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, the EPA is finalizing the incorporation by reference of the ADEQ 
rules described in the amendments to 40 CFR part 52 set forth below. 
The EPA has made, and will continue to make, these documents available 
through www.regulations.gov and at the EPA Region IX Office (please 
contact the person identified in the FOR FURTHER INFORMATION CONTACT 
section of this preamble for more information). Therefore, these 
materials have been approved by the EPA for inclusion in the SIP, have 
been incorporated by

[[Page 56738]]

reference by the EPA into that plan, are fully federally enforceable 
under sections 110 and 113 of the CAA as of the effective date of the 
final rulemaking of the EPA's approval, and will be incorporated by 
reference in the next update to the SIP compilation.\4\
---------------------------------------------------------------------------

    \4\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------

V. 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 (Pub. L. 104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     Does not provide the EPA with the discretionary authority 
to address, as appropriate, disproportionate human health or 
environmental effects, using practicable and legally permissible 
methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian 
reservation land or in any other area where the EPA or an Indian tribe 
has demonstrated that a tribe has jurisdiction. In those areas of 
Indian country, the rule does not have tribal implications and will not 
impose substantial direct costs on tribal governments or preempt tribal 
law as specified by Executive Order 13175 (65 FR 67249, November 9, 
2000).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. Section 804, however, exempts from section 801 the 
following types of rules: Rules of particular applicability; rules 
relating to agency management or personnel; and rules of agency 
organization, procedure, or practice that do not substantially affect 
the rights or obligations of non-agency parties. 5 U.S.C. 804(3). 
Because this is a rule of particular applicability, the EPA is not 
required to submit a rule report regarding this action under section 
801.
    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by 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, Reporting and 
recordkeeping requirements, Sulfur oxides.

    Dated: October 30, 2018.
Michael Stoker,
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. In Sec.  52.120, table 2 in paragraph (c) is amended by:
0
a. Revising the entry ``R18-2-715.02'';
0
b. Adding the entry ``R18-2-B1301'' after the subheading ``Article 13 
(State Implementation Plan Rules for Specific Locations)''; and
0
c. Adding the entries ``R18-2-C1302, excluding subsection (E)(6)'' and 
``Appendix 14'' after the entry ``R18-2-B1301.01''.
    The revision and additions read as follows:


Sec.  52.120   Identification of plan.

* * * * *
    (c) * * *

                                    Table 2--EPA-Approved Arizona Regulations
----------------------------------------------------------------------------------------------------------------
                                                             State                               Additional
        State citation               Title/subject      effective date  EPA approval date       explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                          Article 7 (Existing Stationary Source Performance Standards)
----------------------------------------------------------------------------------------------------------------
 

[[Page 56739]]

 
                                                  * * * * * * *
R18-2-715.02..................  Standards of                  5/7/2017  11/14/2018,        Submitted by the
                                 Performance for                         [insert Federal    Governor's designee
                                 Existing Primary                        Register           on April 6, 2017.
                                 Copper Smelters;                        citation].
                                 Fugitive Emissions.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                       Article 13 (State Implementation Plan Rules for Specific Locations)
----------------------------------------------------------------------------------------------------------------
R18-2-B1301...................  Limits on Lead                7/1/2018  11/14/2018,        Submitted by the
                                 Emissions from the                      [insert Federal    Governor's designee
                                 Hayden Smelter.                         Register           on April 6, 2017.
                                                                         citation].
 
                                                  * * * * * * *
R18-2-C1302, excluding          Limits on SO2               12/14/2018  11/14/2018,        Submitted by the
 subsection (E)(6).              Emissions from the                      [insert Federal    Governor's designee
                                 Miami Smelter.                          Register           on April 6, 2017.
                                                                         citation].         Subsection (E)(6)
                                                                                            was withdrawn by the
                                                                                            Arizona Department
                                                                                            of Environmental
                                                                                            Quality.
Appendix 14...................  Procedures for Sulfur         5/7/2017  11/14/2018,        Submitted by the
                                 Dioxide and Lead                        [insert Federal    Governor's designee
                                 Fugitive Emissions                      Register           on April 6, 2017.
                                 Studies for the                         citation].
                                 Hayden Smelter.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2018-24743 Filed 11-13-18; 8:45 am]
 BILLING CODE 6560-50-P



     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–



VerDate Sep<11>2014     18:08 Nov 13, 2018   Jkt 247001   PO 00000    Frm 00038   Fmt 4700     Sfmt 4700   E:\FR\FM\14NOR1.SGM    14NOR1


                    Federal Register / Vol. 83, No. 220 / Wednesday, November 14, 2018 / Rules and Regulations                                                                56737

            Rule citation                                   Rule title                                                       Effective                                     Submitted

     R18–2–B1301 ................      Limits on Lead Emissions from the Hayden                7/1/2018 or 180 calendar days after completion                                 4/6/2017
                                         Smelter.                                                of all Converter Retrofit Project improvements
                                                                                                 authorized by Significant Permit Revision No.
                                                                                                 60647.
     R18–2–C1302 ................      Limits on SO2 Emissions from the Miami Smelter          On the later of the effective date of the EPA Ad-                              4/6/2017
                                                                                                 ministrator’s action approving it as part of the
                                                                                                 state implementation plan or January 1, 2018.
     Appendix 14 ...................   Procedures for Sulfur Dioxide and Lead Fugitive         5/7/2017 ................................................................      4/6/2017
                                         Emissions Studies for the Hayden Smelter.
     R18–2–715.02 ...............      Standards of Performance for Existing Primary           5/7/2017 ................................................................      4/6/2017
                                         Copper Smelters; Fugitive Emissions.



       We proposed to approve these rules                     disposal or reintroduction into the                           upgrades were still being installed;
     because we determined that they                          smelter process. Rule R18–2–B1301                             however, now that the upgrades are
     comply with the relevant CAA                             addresses fugitive emissions from                             complete, we do not believe this
     requirements. Our proposed action                        smelter operations by establishing                            flexibility is still necessary. ADEQ
     contains more information on the rules                   operational standards for process                             agreed to withdraw subsection (E)(6) of
     and our evaluation.                                      equipment and control devices,                                Rule R18–2–C1302 allowing for
                                                              requirements for the process gas capture                      alternative sampling point since none
     II. Public Comments and EPA                              system and control devices operations                         are needed at the Miami Smelter.3
     Responses                                                and maintenance plan (O&M plan),                                 The comments and additional
       The EPA’s notice of proposed                           performance testing and compliance                            analysis from ADEQ have been added to
     rulemaking provided a 30-day public                      demonstration requirements, and                               the docket for this action and are
     comment period. During this period, we                   recordkeeping and reporting                                   accessible at https://www.
     received 15 comments. Nine of these                      requirements. However, Rule R18–2–                            regulations.gov/docket?D=EPA-R09-
     comments address issues not related to                   B1301 does not include a numeric                              OAR-2017-0661.
     the subject of this rulemaking,                          fugitive lead emissions limit. The EPA
                                                                                                                            III. EPA Action
     including: Environmental quality issues                  recognized this issue during the rule
     in Asia, climate change policy, and                      development process and requested that                           No comments were submitted that
     other federal requirements not related to                ADEQ provide supplementary analysis                           change our assessment of the rules as
     SO2 or lead pollution in Arizona. Six                    to address this concern. ADEQ                                 described in our proposed action.
     comments are germane to this                             responded on October 11, 2018, stating                        Therefore, as authorized in section
     rulemaking, and are supportive of the                    that continuous monitoring of fugitive                        110(k)(3) of the Act, the EPA is
     EPA’s proposal to approve these                          lead emissions is technically infeasible,                     approving these rules into the Arizona
     regulations. One of these commenters                     and that parametric monitoring of                             SIP, with the exception of subsection
     raised a concern about the State and the                 capture and control device efficiency                         (E)(6) in Rule R18–2–C1302, which was
     EPA’s statement that controlling                         (which would minimize uncontrolled                            withdrawn by ADEQ. The EPA is also
     emissions from the 1,000-foot stack                      fugitive emissions, and increase the                          approving Appendix 14 and revised
     would result in improved air quality at                  volume of process gas directed to                             R18–2–715.02.
     the ground level monitors at Hillcrest                   control devices and ultimately the                            IV. Incorporation by Reference
     and Globe Highway in the Hayden Area.                    1,000-foot stack) was a suitable proxy
                                                              for a numeric fugitive lead limit. ADEQ                         In this rule the EPA is finalizing
     This commenter also suggested that the
                                                              also reiterated that the fugitive                             regulatory text that includes
     EPA should pay additional attention to
                                                              emissions analyses required by                                incorporation by reference. In
     fugitive lead emissions that may result
                                                              Appendix 14 would be used to validate                         accordance with requirements of 1 CFR
     from other smelter processes, including
                                                              this approach.2 The EPA generally                             51.5, the EPA is finalizing the
     furnace dust and from residue from
                                                              agrees with this reasoning.                                   incorporation by reference of the ADEQ
     converter bed cleaning. We thank the
                                                                 The EPA also requested that ADEQ                           rules described in the amendments to 40
     commenter for the questions and
                                                              address an issue regarding the                                CFR part 52 set forth below. The EPA
     suggestion and address the issues raised
                                                              allowance for alternative sampling                            has made, and will continue to make,
     below.
                                                              points for SO2 at the Miami Smelter.                          these documents available through
        The Arizona Department of                                                                                           www.regulations.gov and at the EPA
     Environmental Quality (ADEQ) and the                     Specifically, we requested that ADEQ
                                                              eliminate a provision that allowed for                        Region IX Office (please contact the
     EPA believe that the prime contributors                                                                                person identified in the FOR FURTHER
                                                              the owner or operator of the Miami
     to lead nonattainment are fugitive
                                                              Smelter to petition for an alternative                        INFORMATION CONTACT section of this
     emissions from smelter operations and
                                                              sampling point if the current locations                       preamble for more information).
     leaded dust surrounding the smelter.
                                                              proved infeasible. Such flexibility might                     Therefore, these materials have been
     Rule R18–2–B1301.01, approved into
                                                              have been necessary at the time of rule                       approved by the EPA for inclusion in
     the Arizona SIP in 83 FR 7614,
                                                              development, as capture and control                           the SIP, have been incorporated by
     addresses leaded dust control measures
     for non-smelting process sources, which                    2 Letter from Timothy S. Franquist, Director, Air             3 Letter from Timothy S. Franquist, Director, Air
     includes sources such as the bedding                     Quality Division, Arizona Department of                       Quality Division, Arizona Department of
     plant and reverts piles. Dust and                        Environmental Quality, to Michael Stoker, Regional            Environmental Quality, to Michael Stoker, Regional
     material generated from smelter process                  Administrator, U.S. Environmental Protection                  Administrator, U.S. Environmental Protection
                                                              Agency, Region 9, ‘‘Re: Justification and                     Agency, Region 9, ‘‘Re: Request to Withdraw from
     sources, such as furnace and converter                   Clarification on Arizona Administrative Code R18–             EPA Consideration, Arizona Administrative Code
     dust, are collected and deposited in                     2–B1301, Limits on Lead Emissions from the                    R18–2–C1302, Subsection (E)(6),’’ dated August 27,
     these non-smelting process sources for                   Hayden Smelter,’’ dated October 11, 2018.                     2018.



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     56738           Federal Register / Vol. 83, No. 220 / Wednesday, November 14, 2018 / Rules and Regulations

     reference by the EPA into that plan, are                    safety risks subject to Executive Order               circuit by January 14, 2019. Filing a
     fully federally enforceable under                           13045 (62 FR 19885, April 23, 1997);                  petition for reconsideration by the
     sections 110 and 113 of the CAA as of                          • Is not a significant regulatory action           Administrator of this final rule does not
     the effective date of the final rulemaking                  subject to Executive Order 13211 (66 FR               affect the finality of this action for the
     of the EPA’s approval, and will be                          28355, May 22, 2001);                                 purposes of judicial review nor does it
     incorporated by reference in the next                          • Is not subject to requirements of                extend the time within which a petition
     update to the SIP compilation.4                             section 12(d) of the National                         for judicial review may be filed, and
                                                                 Technology Transfer and Advancement                   shall not postpone the effectiveness of
     V. Statutory and Executive Order                            Act of 1995 (15 U.S.C. 272 note) because              such rule or action. This action may not
     Reviews                                                     application of those requirements would               be challenged later in proceedings to
        Under the CAA, the Administrator is                      be inconsistent with the CAA; and                     enforce its requirements. (See section
     required to approve a SIP submission                           • Does not provide the EPA with the                307(b)(2)).
     that complies with the provisions of the                    discretionary authority to address, as
     Act and applicable Federal regulations.                     appropriate, disproportionate human                   List of Subjects in 40 CFR Part 52
     42 U.S.C. 7410(k); 40 CFR 52.02(a).                         health or environmental effects, using                  Environmental protection, Air
     Thus, in reviewing SIP submissions, the                     practicable and legally permissible                   pollution control, Incorporation by
     EPA’s role is to approve state choices,                     methods, under Executive Order 12898                  reference, Intergovernmental relations,
     provided that they meet the criteria of                     (59 FR 7629, February 16, 1994).                      Lead, Reporting and recordkeeping
     the CAA. Accordingly, this action                              In addition, the SIP is not approved
                                                                                                                       requirements, Sulfur oxides.
     merely approves state law as meeting                        to apply on any Indian reservation land
                                                                 or in any other area where the EPA or                   Dated: October 30, 2018.
     Federal requirements and does not
                                                                 an Indian tribe has demonstrated that a               Michael Stoker,
     impose additional requirements beyond
     those imposed by state law. For that                        tribe has jurisdiction. In those areas of             Regional Administrator, Region IX.
     reason, this action:                                        Indian country, the rule does not have
                                                                                                                         Part 52, Chapter I, Title 40 of the Code
                                                                 tribal implications and will not impose
        • Is not a significant regulatory action                                                                       of Federal Regulations is amended as
                                                                 substantial direct costs on tribal
     subject to review by the Office of                                                                                follows:
                                                                 governments or preempt tribal law as
     Management and Budget under
                                                                 specified by Executive Order 13175 (65                PART 52—APPROVAL AND
     Executive Orders 12866 (58 FR 51735,
                                                                 FR 67249, November 9, 2000).                          PROMULGATION OF
     October 4, 1993) and 13563 (76 FR 3821,                        The Congressional Review Act, 5
     January 21, 2011);                                                                                                IMPLEMENTATION PLANS
                                                                 U.S.C. 801 et seq., as added by the Small
        • Is not an Executive Order 13771 (82                    Business Regulatory Enforcement
     FR 9339, February 2, 2017) regulatory                                                                             ■ 1. The authority citation for part 52
                                                                 Fairness Act of 1996, generally provides              continues to read as follows:
     action because SIP approvals are                            that before a rule may take effect, the
     exempted under Executive Order 12866;                       agency promulgating the rule must                         Authority: 42 U.S.C. 7401 et seq.
        • Does not impose an information                         submit a rule report, which includes a
     collection burden under the provisions                                                                            Subpart D—Arizona
                                                                 copy of the rule, to each House of the
     of the Paperwork Reduction Act (44                          Congress and to the Comptroller General
     U.S.C. 3501 et seq.);                                                                                             ■  2. In § 52.120, table 2 in paragraph (c)
                                                                 of the United States. Section 804,
        • Is certified as not having a                                                                                 is amended by:
                                                                 however, exempts from section 801 the
     significant economic impact on a                                                                                  ■ a. Revising the entry ‘‘R18–2–715.02’’;
                                                                 following types of rules: Rules of
     substantial number of small entities                        particular applicability; rules relating to           ■ b. Adding the entry ‘‘R18–2–B1301’’
     under the Regulatory Flexibility Act (5                     agency management or personnel; and                   after the subheading ‘‘Article 13 (State
     U.S.C. 601 et seq.);                                        rules of agency organization, procedure,              Implementation Plan Rules for Specific
        • Does not contain any unfunded                          or practice that do not substantially                 Locations)’’; and
     mandate or significantly or uniquely                        affect the rights or obligations of non-              ■ c. Adding the entries ‘‘R18–2–C1302,
     affect small governments, as described                      agency parties. 5 U.S.C. 804(3). Because              excluding subsection (E)(6)’’ and
     in the Unfunded Mandates Reform Act                         this is a rule of particular applicability,           ‘‘Appendix 14’’ after the entry ‘‘R18–2–
     of 1995 (Pub. L. 104–4);                                    the EPA is not required to submit a rule              B1301.01’’.
        • Does not have Federalism                               report regarding this action under                       The revision and additions read as
     implications as specified in Executive                      section 801.                                          follows:
     Order 13132 (64 FR 43255, August 10,                           Under section 307(b)(1) of the CAA,
     1999);                                                      petitions for judicial review of this                 § 52.120    Identification of plan.
        • Is not an economically significant                     action must be filed in the United States             *       *    *        *    *
     regulatory action based on health or                        Court of Appeals for the appropriate                      (c) * * *

                                                          TABLE 2—EPA-APPROVED ARIZONA REGULATIONS
                                                                                   State effective
         State citation                          Title/subject                                           EPA approval date               Additional explanation
                                                                                        date


                 *                       *                        *                      *                        *                      *                     *

                                                    Article 7 (Existing Stationary Source Performance Standards)




       4 62   FR 27968 (May 22, 1997).



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                    Federal Register / Vol. 83, No. 220 / Wednesday, November 14, 2018 / Rules and Regulations                                                     56739

                                              TABLE 2—EPA-APPROVED ARIZONA REGULATIONS—Continued
                                                                                   State effective
         State citation                          Title/subject                                           EPA approval date                Additional explanation
                                                                                        date

            *                         *                  *                               *                           *                  *                  *
     R18–2–715.02 ........      Standards of Performance for Existing                    5/7/2017        11/14/2018, [insert    Submitted by the Governor’s designee
                                  Primary Copper Smelters; Fugitive                                        Federal Register       on April 6, 2017.
                                  Emissions.                                                               citation].

                *                        *                        *                      *                        *                       *                   *

                                                 Article 13 (State Implementation Plan Rules for Specific Locations)

     R18–2–B1301 .........      Limits on Lead Emissions from the Hay-                   7/1/2018        11/14/2018, [insert    Submitted by the Governor’s designee
                                  den Smelter.                                                             Federal Register       on April 6, 2017.
                                                                                                           citation].

               *                       *               *                                 *                           *                  *                   *
     R18–2–C1302, ex-           Limits on SO2 Emissions from the                      12/14/2018         11/14/2018, [insert    Submitted by the Governor’s designee
       cluding subsection         Miami Smelter.                                                           Federal Register       on April 6, 2017. Subsection (E)(6)
       (E)(6).                                                                                             citation].             was withdrawn by the Arizona De-
                                                                                                                                  partment of Environmental Quality.
     Appendix 14 ............   Procedures for Sulfur Dioxide and Lead                   5/7/2017        11/14/2018, [insert    Submitted by the Governor’s designee
                                  Fugitive Emissions Studies for the                                       Federal Register       on April 6, 2017.
                                  Hayden Smelter.                                                          citation].

                *                        *                        *                      *                        *                       *                   *



     *      *       *       *      *                             ADDRESSES:   Submit comments in                        Secretariat Division at 202–501–4755.
     [FR Doc. 2018–24743 Filed 11–13–18; 8:45 am]                response to GSAR Case 2017–G503 by                     Please cite GSAR Case 2017–G503.
     BILLING CODE 6560–50–P                                      any of the following methods:                          SUPPLEMENTARY INFORMATION:
                                                                    • Regulations.gov: http://
                                                                                                                        I. Background
                                                                 www.regulations.gov. Submit comments
                                                                 via the Federal eRulemaking portal by                     FAR 1.304(b) states that agency
     GENERAL SERVICES                                                                                                   regulations shall not ‘‘unnecessarily
                                                                 searching for ‘‘GSAR Case 2017–G503’’.
     ADMINISTRATION                                                                                                     repeat, paraphrase, or otherwise restate
                                                                 Select the link ‘‘Comment Now’’ that
                                                                 corresponds with ‘‘GSAR Case 2017–                     material contained in the FAR.’’ Here,
     48 CFR Part 509
                                                                 G503.’’ Follow the instructions provided               both GSAR 509.105–1(b) and FAR
     [GSAR Change 96; GSAR Case 2017–G503;                       on the screen. Please include your                     9.105(b) provide guidance to obtaining
     Docket No. 2018–0012; Sequence No. 1]                       name, company name (if any), and                       information from Government sources
                                                                 ‘‘GSAR Case 2017–G503’’ on your                        for a responsibility determination of
     RIN 3090–AJ87                                               attached document.                                     potential Government contractors.
                                                                    • Mail: General Services                            II. Discussion and Analysis
     General Services Administration                             Administration, Regulatory Secretariat
     Acquisition Regulation; Removing                                                                                      Both GSAR 509.105–1(b) and FAR
                                                                 Division (MVCB), ATTN: Lois Mandell,                   9.105–1(b) pertain to how contracting
     Duplicative Responsibility                                  1800 F Street NW, 2nd floor,
     Determination Guidance                                                                                             officers obtain information regarding a
                                                                 Washington, DC 20405.                                  contractor’s responsibility. GSAR
     AGENCY: Office of Acquisition Policy,                          Instructions: Please submit comments                509.105–1(b) states ‘‘[t]he contracting
     General Services Administration (GSA).                      only and cite ‘‘GSAR Case 2017–G503’’                  officer may solicit and consider
     ACTION: Direct final rule.
                                                                 in all correspondence related to this                  information from any appropriate
                                                                 case. All comments received will be                    activities[.]’’ FAR 9.105–1(b) states
     SUMMARY:   GSA is amending the General                      posted without change to http://                       ‘‘[g]enerally, the contracting officer shall
     Services Administration Acquisition                         www.regulations.gov, including any                     obtain information regarding the
     Regulation (GSAR) to remove                                 personal and/or business confidential                  responsibility of prospective
     duplicative text already contained in the                   information provided. To confirm                       contractors, including requesting pre-
     Federal Acquisition Regulation.                             receipt of your comment(s), please                     award surveys when necessary (see
     DATES: Effective date: This rule is                         check https://www.regulations.gov,                     9.106) promptly after bid opening or
     effective January 14, 2019 unless GSA                       approximately two to three days after                  receipt of offers . . .’’ GSAR 509.105–
     receives adverse comments during the                        submission to verify posting (except                   1(b) simply paraphrases FAR 9.105–1(b)
     comment period. If GSA receives                             allow 30 days for posting of comments                  as it restates that a contracting officer
     adverse comments, we will publish a                         submitted by mail).                                    should obtain information regarding a
     timely withdrawal in the Federal                            FOR FURTHER INFORMATION CONTACT: Ms.                   contractor’s responsibility through ‘‘any
     Register informing the public that the                      Johnnie McDowell, Procurement                          appropriate activities’’ which is implied
     rule will not take effect.                                  Analyst, at 202–718–6112 or                            through FAR 9.105–1(b)’s language.
        Comment date: Comments are due                           johnnie.mcdowell@gsa.gov, for                          Further, FAR 9.105 includes that
     December 14, 2018 by any of the                             clarification of content. For information              standards and procedures for requesting
     methods listed in the Addresses section                     pertaining to status or publication                    and obtaining information sufficient to
     of this rule.                                               schedules, contact the Regulatory                      determine the responsibility of a


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Document Created: 2018-11-14 03:31:49
Document Modified: 2018-11-14 03:31:49
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis rule will be effective on December 14, 2018.
ContactKevin Gong, EPA Region IX, (415) 972- 3073, [email protected]
FR Citation83 FR 56736 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Lead; Reporting and Recordkeeping Requirements and Sulfur Oxides

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