83 FR 7614 - Approval of Arizona Air Plan Revisions, Arizona Department of Environmental Quality
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 83, Issue 36 (February 22, 2018)
Federal Register Volume 83, Issue 36 (February 22, 2018)
| Page Range | 7614-7616 | |
| FR Document | 2018-03526 |
[Federal Register Volume 83, Number 36 (Thursday, February 22, 2018)] [Rules and Regulations] [Pages 7614-7616] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-03526] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R09-OAR-2017-0468; FRL-9974-68--Region 9] Approval of Arizona Air Plan Revisions, Arizona Department of Environmental Quality AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is taking final action to approve a revision to the Arizona Department of Environmental Quality (ADEQ) portion of the Arizona State Implementation Plan (SIP). This revision concerns emissions of lead-bearing fugitive dust from roads, storage piles and other activities associated with the primary copper smelter located in Hayden, Arizona. We are approving a state rule and associated appendix to regulate these emissions under the Clean Air Act (CAA or the Act). DATES: This rule is effective on March 26, 2018. ADDRESSES: The EPA has established a docket for this action under Docket ID No. EPA-R09-OAR-2017-0468. All documents in the docket are listed on the http://www.regulations.gov website. Although listed in the index, some information is not publicly available, e.g., Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the internet and will be publicly available only in hard copy form. Publicly available docket materials are available through http://www.regulations.gov, or please contact the person identified in the FOR FURTHER INFORMATION CONTACT section for additional availability information. FOR FURTHER INFORMATION CONTACT: Christine Vineyard, EPA Region IX, (415) 947-4125, [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 November 27, 2017 (82 FR 55966), the EPA proposed to approve the following rule and appendix into the Arizona SIP. ---------------------------------------------------------------------------------------------------------------- Local agency Rule No. Rule title Submitted ---------------------------------------------------------------------------------------------------------------- ADEQ........................ R18-2-B1301.01........................... Limits on Lead-Bearing 04/06/17 Fugitive Dust from the Hayden Smelter. ADEQ........................ Appendix 15.............................. Test Methods for 04/06/17 Determining Opacity and Stabilization of Unpaved Roads. ---------------------------------------------------------------------------------------------------------------- We proposed to approve the rule and associated appendix because we determined that they comply with the relevant CAA requirements. Our proposed action contains more information on the rule and associated appendix and our evaluation. II. Public Comments and EPA Responses The EPA's proposed action provided a 30-day public comment period. During this period, we received three comments. Two commenters raised issues that are outside of the scope of this rulemaking, including forest management, wildfire suppression, and greenhouse-gas and other emissions from wildfires. A third commenter requested that the EPA ``regulate the amount of poisonous dust that is kicked up into the air.'' As explained in our proposed action, Rule R18-2-B1301.01 establishes requirements to control lead-bearing fugitive dust emissions surrounding the Hayden copper smelter. Our approval of this rule into the Arizona SIP will make these requirements federally enforceable. Commenters did not raise any specific issues germane to the approvability of the rule and appendix. III. EPA Action No comments were submitted that change our assessment of the rule and associated appendix as described in our proposed action. Therefore, as authorized in section 110(k)(3) of the Act, the EPA is fully approving this rule and associated appendix into the Arizona SIP. 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 [[Page 7615]] incorporation by reference of the ADEQ rule and associated appendix 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 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 by the Director of the Federal Register in the next update to the SIP compilation.\1\ --------------------------------------------------------------------------- \1\ 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 Act. Accordingly, this action merely approves state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action:Is not a significant regulatory action subject to review by the Office of Management and Budget under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); Is not an Executive Order 13771 (82 FR 9339, February 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 pre-empt tribal law as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. The EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a ``major rule'' as defined by 5 U.S.C. 804(2). Under section 307(b)(1) of the CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by April 23, 2018. 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, Particulate matter, Reporting and recordkeeping requirements. Dated: February 12, 2018. Alexis Strauss, 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 is amended by adding in paragraph (c), under the table heading ``Table 2--EPA-Approved Arizona Regulations'' a subheading for ``Article 13 (State Implementation Plan Rules for Specific Locations)'' and entries for ``R18-2-B1301.01'' and ``Appendix 15'' after the entry for ``Table 6'' to read as follows: Sec. 52.120 Identification of plan. * * * * * (c) * * * [[Page 7616]] Table 2--EPA-Approved Arizona Regulations ---------------------------------------------------------------------------------------------------------------- Additional State citation Title/subject State effective date EPA approval date explanation ---------------------------------------------------------------------------------------------------------------- Arizona Administrative Code ---------------------------------------------------------------------------------------------------------------- * * * * * * * ---------------------------------------------------------------------------------------------------------------- Article 13 (State Implementation Plan Rules For Specific Locations) ---------------------------------------------------------------------------------------------------------------- R18-2-B1301.01.......... Limits on Lead- December 1, 2018........ [INSERT Federal Submitted on April Bearing Fugitive Register 6, 2017. Dust from the CITATION], Hayden Smelter. February 22, 2018. Appendix 15............. Test Methods for May 7, 2017............. [INSERT Federal Submitted on April Determining Register 6, 2017. Opacity and CITATION], Stabilization of February 22, 2018. Unpaved Roads. * * * * * * * ---------------------------------------------------------------------------------------------------------------- * * * * * [FR Doc. 2018-03526 Filed 2-21-18; 8:45 am] BILLING CODE 6560-50-P
![7614 Federal Register / Vol. 83, No. 36 / Thursday, February 22, 2018 / Rules and Regulations
EPA-APPROVED VIRGINIA REGULATIONS AND STATUTES—Continued
State effective Explanation
State citation Title/subject EPA approval date
date [former SIP citation]
* * * * * * *
9 VAC 5, Chapter 160 General Conformity
* * * * * * *
Part II General Provisions
5–160–30 .......... Applicability ............................ 11/16/16 2/22/18, [Insert Federal Subdivision A. is amended to address revoked
Register Citation]. federal standards.
Previous approval 12/12/11.
* * * * * * *
* * * * * revision concerns emissions of lead- available through http://
[FR Doc. 2018–03524 Filed 2–21–18; 8:45 am] bearing fugitive dust from roads, storage www.regulations.gov, or please contact
BILLING CODE 6560–50–P piles and other activities associated the person identified in the FOR FURTHER
with the primary copper smelter located INFORMATION CONTACT section for
in Hayden, Arizona. We are approving additional availability information.
ENVIRONMENTAL PROTECTION a state rule and associated appendix to FOR FURTHER INFORMATION CONTACT:
AGENCY regulate these emissions under the Christine Vineyard, EPA Region IX,
Clean Air Act (CAA or the Act). (415) 947–4125, vineyard.christine@
40 CFR Part 52
DATES: This rule is effective on March epa.gov.
[EPA–R09–OAR–2017–0468; FRL–9974– 26, 2018.
68—Region 9] SUPPLEMENTARY INFORMATION:
ADDRESSES: The EPA has established a
Throughout this document, ‘‘we,’’ ‘‘us’’
docket for this action under Docket ID
Approval of Arizona Air Plan and ‘‘our’’ refer to the EPA.
No. EPA–R09–OAR–2017–0468. All
Revisions, Arizona Department of
documents in the docket are listed on Table of Contents
Environmental Quality
the http://www.regulations.gov website. I. Proposed Action
AGENCY: Environmental Protection Although listed in the index, some II. Public Comments and EPA Responses
Agency (EPA). information is not publicly available, III. EPA Action
ACTION: Final rule. e.g., Confidential Business Information IV. Incorporation by Reference
(CBI) or other information whose V. Statutory and Executive Order Reviews
SUMMARY: The Environmental Protection disclosure is restricted by statute.
I. Proposed Action
Agency (EPA) is taking final action to Certain other material, such as
approve a revision to the Arizona copyrighted material, is not placed on On November 27, 2017 (82 FR 55966),
Department of Environmental Quality the internet and will be publicly the EPA proposed to approve the
(ADEQ) portion of the Arizona State available only in hard copy form. following rule and appendix into the
Implementation Plan (SIP). This Publicly available docket materials are Arizona SIP.
Local agency Rule No. Rule title Submitted
ADEQ ................ R18–2–B1301.01 ............... Limits on Lead-Bearing Fugitive Dust from the Hayden Smelter ....................... 04/06/17
ADEQ ................ Appendix 15 ....................... Test Methods for Determining Opacity and Stabilization of Unpaved Roads .... 04/06/17
We proposed to approve the rule and greenhouse-gas and other emissions III. EPA Action
associated appendix because we from wildfires. A third commenter
determined that they comply with the requested that the EPA ‘‘regulate the No comments were submitted that
relevant CAA requirements. Our change our assessment of the rule and
amount of poisonous dust that is kicked
proposed action contains more associated appendix as described in our
up into the air.’’ As explained in our
information on the rule and associated proposed action. Therefore, as
proposed action, Rule R18–2–B1301.01 authorized in section 110(k)(3) of the
appendix and our evaluation. establishes requirements to control lead- Act, the EPA is fully approving this rule
II. Public Comments and EPA bearing fugitive dust emissions and associated appendix into the
Responses surrounding the Hayden copper smelter. Arizona SIP.
The EPA’s proposed action provided Our approval of this rule into the
daltland on DSKBBV9HB2PROD with RULES
Arizona SIP will make these IV. Incorporation by Reference
a 30-day public comment period. During
this period, we received three requirements federally enforceable. In this rule, the EPA is finalizing
comments. Two commenters raised Commenters did not raise any specific regulatory text that includes
issues that are outside of the scope of issues germane to the approvability of incorporation by reference. In
this rulemaking, including forest the rule and appendix. accordance with requirements of 1 CFR
management, wildfire suppression, and 51.5, the EPA is finalizing the
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![7616 Federal Register / Vol. 83, No. 36 / Thursday, February 22, 2018 / Rules and Regulations
TABLE 2—EPA-APPROVED ARIZONA REGULATIONS
State effective
State citation Title/subject EPA approval date Additional explanation
date
Arizona Administrative Code
* * * * * * *
Article 13 (State Implementation Plan Rules For Specific Locations)
R18–2–B1301.01 .. Limits on Lead-Bearing Fugitive Dust from the Hayden December 1, 2018 [INSERT Federal Register Submitted on April 6, 2017.
Smelter. CITATION], February 22,
2018.
Appendix 15 .......... Test Methods for Determining Opacity and Stabilization of May 7, 2017 ......... [INSERT Federal Register Submitted on April 6, 2017.
Unpaved Roads. CITATION], February 22,
2018.
* * * * * * *
* * * * * Jefferson Clinton Bldg., Rm. 3334, 1301 www.ecfr.gov/cgi-bin/text-
[FR Doc. 2018–03526 Filed 2–21–18; 8:45 am] Constitution Ave. NW, Washington, DC idx?&c=ecfr&tpl=/ecfrbrowse/Title40/
BILLING CODE 6560–50–P 20460–0001. The Public Reading Room 40tab_02.tpl. To access the OCSPP test
is open from 8:30 a.m. to 4:30 p.m., guidelines referenced in this document
Monday through Friday, excluding legal electronically, please go to http://
ENVIRONMENTAL PROTECTION holidays. The telephone number for the www.epa.gov/ocspp and select ‘‘Test
AGENCY Public Reading Room is (202) 566–1744, Methods and Guidelines.’’
and the telephone number for the OPP
40 CFR Part 180 Docket is (703) 305–5805. Please review C. How can I file an objection or hearing
the visitor instructions and additional request?
[EPA–HQ–OPP–2017–0314; FRL–9972–04]
information about the docket available Under FFDCA section 408(g), 21
Methyl-alpha-D-mannopyranoside at http://www.epa.gov/dockets. U.S.C. 346a, any person may file an
(Alpha Methyl Mannoside); Exemption FOR FURTHER INFORMATION CONTACT: objection to any aspect of this regulation
From the Requirement of a Tolerance Robert McNally, Biopesticides and and may also request a hearing on those
Pollution Prevention Division (7511P), objections. You must file your objection
AGENCY: Environmental Protection Office of Pesticide Programs, or request a hearing on this regulation
Agency (EPA). Environmental Protection Agency, 1200 in accordance with the instructions
ACTION: Final rule. Pennsylvania Ave. NW, Washington, DC provided in 40 CFR part 178. To ensure
20460–0001; main telephone number: proper receipt by EPA, you must
SUMMARY: This regulation establishes an identify docket ID number EPA–HQ–
(703) 305–7090; email address:
exemption from the requirement of a OPP–2017–0314 in the subject line on
BPPDFRNotices@epa.gov.
tolerance for residues of the biochemical the first page of your submission. All
methyl-alpha-D-mannopyranoside SUPPLEMENTARY INFORMATION:
objections and requests for a hearing
(alpha methyl mannoside) in or on all I. General Information must be in writing, and must be
raw agricultural commodities when received by the Hearing Clerk on or
applied/used as a plant growth A. Does this action apply to me?
before April 23, 2018. Addresses for
regulator. BRANDT iHammer submitted You may be potentially affected by
mail and hand delivery of objections
a petition to EPA under the Federal this action if you are an agricultural
and hearing requests are provided in 40
Food, Drug, and Cosmetic Act (FFDCA), producer, food manufacturer, or
CFR 178.25(b).
requesting an exemption from the pesticide manufacturer. The following
In addition to filing an objection or
requirement of a tolerance. This list of North American Industrial
hearing request with the Hearing Clerk
regulation eliminates the need to Classification System (NAICS) codes is
as described in 40 CFR part 178, please
establish a maximum permissible level not intended to be exhaustive, but rather
submit a copy of the filing (excluding
for residues of alpha methyl mannoside. provides a guide to help readers
any Confidential Business Information
DATES: This regulation is effective determine whether this document
(CBI)) for inclusion in the public docket.
February 22, 2018. Objections and applies to them. Potentially affected
Information not marked confidential
requests for hearings must be received entities may include:
• Crop production (NAICS code 111). pursuant to 40 CFR part 2 may be
on or before April 23, 2018, and must disclosed publicly by EPA without prior
be filed in accordance with the • Animal production (NAICS code
112). notice. Submit the non-CBI copy of your
instructions provided in 40 CFR part objection or hearing request, identified
• Food manufacturing (NAICS code
178 (see also Unit I.C. of the by docket ID number EPA–HQ–OPP–
311).
SUPPLEMENTARY INFORMATION).
• Pesticide manufacturing (NAICS 2017–0314, by one of the following
ADDRESSES: The docket for this action, code 32532). methods:
identified by docket identification (ID) • Federal eRulemaking Portal: http://
daltland on DSKBBV9HB2PROD with RULES
number EPA–HQ–OPP–2017–0314, is B. How can I get electronic access to www.regulations.gov. Follow the online
available at http://www.regulations.gov other related information? instructions for submitting comments.
or at the Office of Pesticide Programs You may access a frequently updated Do not submit electronically any
Regulatory Public Docket (OPP Docket) electronic version of 40 CFR part 180 information you consider to be CBI or
in the Environmental Protection Agency through the Government Printing other information whose disclosure is
Docket Center (EPA/DC), West William Office’s e-CFR site at http:// restricted by statute.
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Document Created: 2018-02-22 02:51:21
Document Modified: 2018-02-22 02:51:21
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This rule is effective on March 26, 2018. | |
| Contact | Christine Vineyard, EPA Region IX, (415) 947-4125, [email protected] | |
| FR Citation | 83 FR 7614 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Lead; Particulate Matter and Reporting and Recordkeeping Requirements |
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