[Federal Register Volume 66, Number 84 (Tuesday, May 1, 2001)]
[Rules and Regulations]
[Pages 21675-21679]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-10651]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[AZ 099-0032a; FRL-6967-8]


Revisions to the Arizona State Implementation Plan, Pinal-Gila 
Counties Air Quality Control District and Pinal County Air Quality 
Control District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action to approve revisions to the 
Pinal-Gila Counties Air Quality Control District (PGCAQCD) and Pinal 
County Air Quality Control District (PCAQCD) portions of the Arizona 
State Implementation Plan (SIP). These revisions concern the recision 
of all of the remaining SIP rules from the defunct PGCAQCD and the 
recision of certain PCAQCD SIP Rules. We are approving the recision of 
local rules that no longer regulate permitting procedures for various 
emission sources under the Clean Air Act as amended in 1990 (CAA or the 
Act).

DATES: This rule is effective on July 2, 2001 without further notice, 
unless EPA receives adverse comments by May 31, 2001. If we receive 
such comment, we will publish a timely withdrawal in the Federal 
Register to notify the public that this rule will not take effect.

ADDRESSES: Mail comments to Andrew Steckel, Rulemaking Office Chief 
(AIR-4), Air Division, U.S. Environmental Protection Agency, Region IX, 
75 Hawthorne Street, San Francisco, CA 94105.
    You may inspect the submittal documents and our technical support 
documents (TSDs) at our Region IX office during normal business hours. 
You may also see copies of the submitted SIP revisions at the following 
locations:

Environmental Protection Agency, Air Docket (6102), Ariel Rios 
Building, 1200 Pennsylvania Avenue, N.W., Washington, D.C. 20460
Arizona Department of Environmental Quality, 3033 North Central Avenue, 
Phoenix, AZ 85012
Pinal County Air Quality Control District, Building F, 31 North Pinal 
Street, Florence, AZ 85232

FOR FURTHER INFORMATION CONTACT: Al Petersen, Rulemaking Office (AIR-
4), Air Division, U.S. Environmental Protection Agency, Region IX, 75 
Hawthorne Street, San Francisco, CA 94105; (415) 744-1135.

SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we'', 
``us'', or ``our'' are used, we mean EPA.

Table of Contents

I. The State's Submittal
    A. What rules did the State submit for recision?
    B. Are there other versions of the recision submittals?
    C. What is the purpose of the recision submittals?
II. EPA's Evaluation and Action
    A. How is EPA evaluating the recision submittals?
    B. Do the recision submittals meet the evaluation criteria?
    C. Public comment and final action
III. Background information
    A. Why were these rules originally approved into the SIP?
IV. Administrative Requirements

[[Page 21676]]

I. The State's Submittal

A. What Rules Did the State Submit for Recision?

    On August 4, 2000, ADEQ submitted certain PGCAQCD SIP rules listed 
in Tables 1, 2, 3, 4, 5, 6, and 7 for recision with respect to Gila 
County only. The replacement ADEQ SIP rules are listed where 
applicable. Other justifications or demonstrations for recision are 
provided in the notes below Table 7.
    On December 20, 2000 (65 FR 79742) EPA clarified that certain 
PCAQCD rules are SIP-approved by an action on April 9, 1996 (61 FR 
15717). We intended that some of these SIP-approved PCAQCD rules shown 
in Tables 1, 2, and 3 replace or rescind corresponding PGCAQCD SIP 
rules still in effect in PCAQCD. Therefore, all rules listed in Tables 
1, 2, and 3 are rescinded both with respect to Gila County (by the ADEQ 
submittal) and with respect to PCAQCD (by the EPA approval of 
replacement PCAQCD SIP rules.)
    Certain of the PGCAQCD SIP rules are determined by EPA to not be 
appropriate for inclusion in the SIP, but were originally erroneously 
SIP-approved. We are removing these rules from the PGCAQCD portion of 
the Arizona SIP under section 110(k)(6) as inconsistent with the 
requirements of section 110(a) and part D of the CAA. These PGCAQCD SIP 
rules inappropriate for the SIP are also included in Tables 1, 2, and 
3. The two recision submittals and the removals in combination rescind 
all of the rules in Tables 1, 2, and 3 with respect to both Gila County 
and PCAQCD.
    The PGCAQCD SIP rules in Tables 4, 5, and 6 are rescinded with 
respect to Gila County only, because there is not yet an approved SIP 
rule replacement for PCAQCD.
    The PGCAQCD SIP rules in Table 7 were submitted by ADEQ for 
recision but are already rescinded in other actions with respect to 
both Gila County and PCAQCD. These rules are listed in Table 7 for 
clarity only, and we will take no further action on them.

 Table 1.--PGCAQCD Rules (Previously Submitted on July 1, 1975, Approved on November 15, 1978, 43 FR 53031) for
                              Recision With Respect to Both Gila County and PCAQCD
----------------------------------------------------------------------------------------------------------------
                                                         Replacement ADEQ SIP rule       Replacement PCAQCD SIP
     PGCAQCD SIP rule              Rule title                      number                     rule number
----------------------------------------------------------------------------------------------------------------
7-1-1.1                    Policy and Legal           (Note 1)                         (Note 1)
                            Authority.
7-1-1.3                    Air Pollution Prohibited.  (Note 1)                         (Note 1)
7-1-2.5(A)                 Permits: Transfer........  R9-3-317                         32932
7-1-2.5(B)                 Permits: Expiration......  R9-3-306                         32567
7-1-2.5(C)                 Permits: Posting.........  R9-3-315                         (Note 1)
7-1-2.6                    Recordkeeping and          R9-3-308, 314                    29645
                            Reporting.
7-2-1.1                    Non-Specific Particulate.  R9-3-201                         43861
7-2-1.2                    Sulfur Dioxide...........  R9-3-202 (Note 2)                47514
7-2-1.4                    Photochemical Oxidants...  R9-3-204                         51166
7-2-1.5                    Carbon Monoxide..........  R9-3-205                         54819
7-2-1.6                    Nitrogen Dioxide.........  R9-3-205                         21946
7-2-1.7                    Evaluation...............  R9-3-216                         2-3-110
7-3-1.6                    Reduction of Animal or     (Note 1)                         (Note 1)
                            Vegetable Matter.
----------------------------------------------------------------------------------------------------------------


  Table 2.--PGCAQCD Rule (Previously Submitted on July 1, 1975, Approved on December 17, 1979, 44 FR 73033) for
                              Recision With Respect to Both Gila County and PCAQCD
----------------------------------------------------------------------------------------------------------------
                                                         Replacement ADEQ SIP rule       Replacement PCAQCD SIP
 PGCAQCD SIP rule number           Rule title                      number                     rule number
----------------------------------------------------------------------------------------------------------------
7-2-1.8                    Anti-Degradation.........  (Note 1)                         (Note 1)
----------------------------------------------------------------------------------------------------------------


  Table 3.--PGCAQCD Rules (Previously Submitted on August 7, 1980, Approved on April 12, 1982, 47 FR 15580) for
                              Recision With Respect to Both Gila County and PCAQCD
----------------------------------------------------------------------------------------------------------------
                                                         Replacement ADEQ SIP rule       Replacement PCAQCD SIP
 PGCAQCD SIP rule number           Rule title                      number                     rule number
----------------------------------------------------------------------------------------------------------------
7-1-1.2                    Definitions..............  R9-3-101                         1-3-140
7-1-1.3(C)                 Air Pollution Prohibited.  (Note 1)                         (Note 1)
----------------------------------------------------------------------------------------------------------------


 Table 4.--PGCAQCD Rules (Previously Submitted on July 1, 1975, Approved on November 15, 1978, 43 FR 53031) for
                                    Recision With Respect to Gila County Only
----------------------------------------------------------------------------------------------------------------
                                                         Replacement ADEQ SIP rule       Replacement PCAQCD SIP
 PGCAQCD SIP rule number           Rule title                      number                     rule number
----------------------------------------------------------------------------------------------------------------
7-3-1.2(A)                 Fugitive Dust............  R9-3-404                         None
7-3-1.2(B)                 Fugitive Dust............  R9-3-405                         None
7-3-1.2(C)                 Fugitive Dust............  R9-3-405                         None
7-3-1.2(D)                 Fugitive Dust............  R9-3-406                         None
7-3-1.2(E)                 Fugitive Dust............  R9-3-409                         None

[[Page 21677]]

 
7-3-1.3                    Open Burning.............  (Note 2)                         None
7-3-1.4                    Incineration.............  (Note 2)                         None
7-3-1.5                    Wood Waste Burners.......  R9-3-504                         None
7-3-1.7                    Particulate Emissions--    R9-3-503                         None
                            Fuel Burning Equipment.
7-3-1.8                    Process Industries.......  R9-3-502                         None
7-3-2.2                    Fuel Burning               R9-3-503                         None
                            Installations.
7-3-2.3                    Sulfite Pulp Mills.......  (Note 2)                         None
7-3-2.4                    Sulfuric Acid Plants.....  R9-3-507                         None
7-3-3.1                    Storage of Volatile        R9-3-510                         None
                            Organic Compounds.
7-3-3.2                    Loading of Volatile        R9-3-510                         None
                            Organic Compounds.
7-3-3.3                    Pumps and Compressors....  R9-3-510                         None
7-3-4.1                    Emission Standards--       R9-3-502                         None
                            Carbon Monoxide from
                            Stationary Sources:
                            Industrial.
7-3-5.1                    Emission Standards--       R9-3-503                         None
                            Nitrogen Oxides: Fuel
                            Burning Equipment.
7-3-5.2                    Nitric Acid Plants.......  R9-3-506                         None
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  Table 5.--PGCAQCD Rule (Previously Submitted on July 1, 1975, Approved on December 17, 1979, 44 FR 73033) for
                                    Recision With Respect to Gila County Only
----------------------------------------------------------------------------------------------------------------
                                                         Replacement ADEQ SIP rule       Replacement PCAQCD SIP
 PGCAQCD SIP rule number           Rule title                      number                     rule number
----------------------------------------------------------------------------------------------------------------
7-3-2.5                    Other Industries.........  (Note 2)                         None
----------------------------------------------------------------------------------------------------------------


  Table 6.--PGCAQCD Rules (Previously Submitted on August 7, 1980, Approved on April 12, 1982, 47 FR 15580) for
                                    Recision With Respect to Gila County Only
----------------------------------------------------------------------------------------------------------------
                                                         Replacement ADEQ SIP rule       Replacement PCAQCD SIP
 PGCAQCD SIP rule number           Rule title                      number                     rule number
----------------------------------------------------------------------------------------------------------------
7-3-1.1                    Visible Emissions:         R9-3-501                         None
                            General.
7-3-1.4(C)                 Incineration.............  (Note 2)                         None
7-3-1.7(F)                 Particulate Emissions--    R9-3-503                         None
                            Fuel Burning Equipment.
7-3-3.4(A)                 Organic Solvents.........  R9-3-101                         None
7-3-3.4(B)                 Organic Solvents.........  R9-3-502                         None
7-3-3.4(C)                 Organic Solvents.........  R9-3-525                         None
7-3-3.4(D)                 Organic Solvents.........  R9-3-527                         None
7-3-3.4(E)                 Organic Solvents.........  R9-3-502                         None
7-3-3.4(F)                 Organic Solvents.........  R9-3-502                         None
7-3-3.4(G)                 Organic Solvents.........  R9-3-502                         None
7-3-3.4(H)                 Organic Solvents.........  (Note 1)                         (Note 1)
7-3-3.4(I)                 Organic Solvents.........  R9-3-101                         None
7-3-3.4(J)                 Organic Solvents.........  R9-3-502                         None
----------------------------------------------------------------------------------------------------------------


  Table 7.--PGCAQCD Rules Submitted for Recision but Already Rescinded
               With Respect to Both Gila County and PCAQCD
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PGCAQCD SIP rule number         Rule title          Recision  reference
------------------------------------------------------------------------
7-1-2.2                  Permit Unit Description  (Note 3)
                          and Fees.
7-1-2.4                  Appeals to Hearing       (Note 3)
                          Board.
7-1-2.7                  Enforcement............  (Note 3)
7-1-4.1                  Violations: Orders of    (Note 4)
                          Abatement.
7-1-4.2                  Hearings on Orders of    (Note 4)
                          Abatement.
7-1-5.1                  Classification and       (Note 4)
                          Reporting; Production
                          of Records;
                          Confidentiality of
                          Records; Violation;
                          Penalty.
7-1-5.2                  Special Inspection       (Note 4)
                          Warrant.
7-1-5.3                  Decisions of Hearing     (Note 4)
                          Board; Subpoenas;
                          Effective Date.
7-1-5.4                  Judicial Review;         (Note 4)
                          Grounds; Procedures.
7-1-5.5                  Notice of Hearing;       (Note 4)
                          Publication; Service.
7-1-5.6                  Injunctive Relief......  (Note 4)
7-2-1.3                  Non-Methane              (Note 3)
                          Hydrocarbons.
7-3-6.1                  Major Sources: Policy    (Note 3)
                          and Legal Authority.
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[[Page 21678]]

    Note 1: Designates a rule determined by EPA to be not 
appropriate for inclusion in the SIP, because it is unenforceable, 
or replaced by a federal standard, or refers to a non-criteria 
pollutant, or refers to local procedural matters, such as those 
concerning assessment of fees, enforcement, and local hearing board 
procedures.


    Note 2: Designates a rule without an exact parallel ADEQ SIP 
rule or PCAQCD SIP rule, for which information was provided by the 
ADEQ to show that rescinding the PGCAQCD rule would not conflict 
with section 110(l) of the CAA.


    Note 3: 40 CFR 52.120(c)(18)(iv)(B).


    Note 4: 40 CFR 52.120(c)(18)(iv)(A).


    On December 29, 2000, we found that the submittal of August 4, 2000 
met the completeness criteria in 40 CFR part 51, appendix V, which must 
be met before formal EPA review.

B. Are There Other Versions of the Recision Submittals?

    There are no previous recision submittals for PGCAQCD on which we 
have not acted.

C. What Is the Purpose of the Recision Submittals?

    The PGCAQCD originally adopted a set of air pollution control rules 
that we approved into the Arizona SIP. Gila County and Pinal County 
later dissolved the PGCAQCD.\1\ Gila County elected to have the ADEQ 
administer Arizona state rules in Gila County. The remaining PGCAQCD 
SIP rules in Gila County are defunct and not used to enforce air 
regulations in Gila County. This action rescinds all remaining PGCAQCD 
rules from the SIP with respect to Gila County. This action also 
rescinds part of the remaining PGCAQCD SIP rules that have been 
replaced with SIP Rules with respect to PCAQCD.
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    \1\ The Pinal-Gila Counties Air Pollution District originally 
had jurisdiction in Pinal County and Gila County. On April 1, 1988, 
Gila County gave jurisdiction for air quality control to ADEQ. On 
April 4, 1988, Gila County dissolved the PGCAQCD on behalf of Gila 
County. On August 15, 1988, Pinal County renamed the PGCAQCD the 
Pinal County Air Quality Control District, but continued to enforce 
the PGCAQCD rules. On November 23, 1992, Pinal County formally 
dissolved the PGCAQCD on behalf of Pinal County. In 1993 and later, 
PCAQCD adopted PCAQCD replacement rules, many of which subsequently 
became SIP-approved PCAQCD rules.
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II. EPA's Evaluation and Action

A. How Is EPA Evaluating the Recision Submittals?

    Generally, section 110(l) and 193 of the CAA require that the 
recision of SIP rules must not relax existing requirements of the SIP. 
If requirements are relaxed, the ADEQ must demonstrate that the 
modifications do not interfere with attainment of the NAAQS or 
otherwise violate sections 110(l) or 193.

B. Do the Recision Submittals Meet the Evaluation Criteria?

    We believe the recision submittals are consistent with the CAA and 
relevant policy and guidance regarding SIP relaxations. The TSD has 
more information on our evaluation.

C. Public Comment and Final Action

    As authorized in section 110(k)(3) and 110(k)(6) of the CAA, we are 
approving the recision submittals, because we believe they fulfill all 
relevant requirements. We do not think anyone will object to this, so 
we are finalizing the approval without proposing it in advance. 
However, in the Proposed Rules section of this Federal Register, we are 
simultaneously proposing approval of the same recision submittal. If we 
receive adverse comments by May 31, 2001, we will publish a timely 
withdrawal in the Federal Register to notify the public that the direct 
final approval will not take effect and we will address the comments in 
a subsequent final action based on the proposal. If we do not receive 
timely adverse comments, the direct final recision will be effective 
without further notice on July 2, 2001. This will remove the rules from 
the federally enforceable SIP.

III. Background Information

A. Why Were These Rules Originally Approved Into the SIP?

    The rules were intended to regulate some of the seven criteria 
pollutants, which harm human health and the environment, and regulate 
permitting procedures for control of these pollutants. Section 110(a) 
of the CAA required states to submit regulations that control the 
emission of these pollutants.

IV. Administrative Requirements

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and therefore is not 
subject to review by the Office of Management and Budget. This action 
merely approves state law as meeting federal requirements and imposes 
no additional requirements beyond those imposed by state law. 
Accordingly, the Administrator certifies that this rule will not have a 
significant economic impact on a substantial number of small entities 
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because 
this rule approves pre-existing requirements under state law and does 
not impose any additional enforceable duty beyond that required by 
state law, it 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). For the same reason, this 
rule also does not significantly or uniquely affect the communities of 
tribal governments, as specified by Executive Order 13084 (63 FR 27655, 
May 10, 1998). This rule will not have substantial direct effects on 
the States, on the relationship between the national government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government, as specified in Executive Order 13132 (64 
FR 43255, August 10, 1999), because it merely approves a state rule 
implementing a federal standard, and does not alter the relationship or 
the distribution of power and responsibilities established in the Clean 
Air Act. This rule also is not subject to Executive Order 13045 (62 FR 
19885, April 23, 1997), because it is not economically significant.
    In reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. In 
this context, in the absence of a prior existing requirement for the 
State to use voluntary consensus standards (VCS), EPA has no authority 
to disapprove a SIP submission for failure to use VCS. It would thus be 
inconsistent with applicable law for EPA, when it reviews a SIP 
submission, to use VCS in place of a SIP submission that otherwise 
satisfies the provisions of the Clean Air Act. Thus, the requirements 
of section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (15 U.S.C. 272 note) do not apply. As required by section 3 
of Executive Order 12988 (61 FR 4729, February 7, 1996), in issuing 
this rule, EPA has taken the necessary steps to eliminate drafting 
errors and ambiguity, minimize potential litigation, and provide a 
clear legal standard for affected conduct. EPA has complied with 
Executive Order 12630 (53 FR 8859, March 15, 1988) by examining the 
takings implications of the rule in accordance with the ``Attorney 
General's Supplemental Guidelines for the Evaluation of Risk and 
Avoidance of Unanticipated Takings'' issued under the executive order. 
This rule does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et 
seq.).
    The Congressional Review Act, 5 U.S.C. section 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

[[Page 21679]]

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. EPA will submit a report containing this 
rule 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. 
section 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 July 2, 2001. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this rule for the purposes of judicial 
review nor does it extend the time within which a petition for judicial 
review may be filed, and shall not postpone the effectiveness of such 
rule or action. This action may not be challenged later in proceedings 
to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by reference, Nitrogen dioxide, Ozone, Particulate 
matter, Reporting and recordkeeping requirements, Sulfur dioxide, 
Volatile organic compound.

    Authority: 42 U.S.C. 7401 et seq.

    Dated: March 20, 2001.
Michael Schulz,
Acting Regional Administrator, Region IX.

    Part 52, chapter I, title 40 of the Code of Federal Regulations is 
amended as follows:

PART 52--[AMENDED]

    1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart D--Arizona

    2. Section 52.120 is amended by adding paragraphs (c)(18)(iv)(D), 
(c)(18)(iv)(E), (c)(18)(iv)(F), (c)(18)(iv)(G), (c)(46)(i)(B), and 
(c)(46)(i)(C) to read as follows:


Sec. 52.120  Identification of plan.

* * * * *
    (c) * * *
    (18) * * *
    (iv) * * *
    (D) Previously approved on November 15, 1978 in paragraph 
(c)(18)(iv) of this section and now deleted without replacement Rules 
7-1-1.1, 7-1-1.3, 7-1-2.5, 7-1-2.6, 7-2-1.1, 7-2-1.2, 7-2-1.4, 7-2-1.5, 
7-2-1.6, 7-2-1.7, and 7-3-1.6.
    (E) Previously approved on December 17, 1979 in paragraph 
(c)(18)(iv) of this section and now deleted without replacement Rule 7-
2-1.8.
    (F) Previously approved on November 15, 1978 in paragraph 
(c)(18)(iv) of this section and now deleted without replacement with 
respect to Gila County only Rules 7-3-1.2, 7-3-1.3, 7-3-1.4, 7-3-1.5, 
7-3-1.7, 7-3-1.8, 7-3-2.2, 7-3-2.3, 7-3-2.4, 7-3-3.1, 7-3-3.2, 7-3-3.3, 
7-3-4.1, 7-3-5.1, and 7-3-5.2.
    (G) Previously approved on December 17, 1979 in paragraph 
(c)(18)(iv) of this section and now deleted without replacement with 
respect to Gila County only Rule 7-3-2.5.
* * * * *
    (46) * * *
    (i) * * *
    (B) Previously approved on April 12, 1982 in paragraph 
(c)(46)(i)(A) of this section and now deleted without replacement Rules 
7-1-1.2 and 7-1-1.3(C).
    (C) Previously approved on April 12, 1982 in paragraph 
(c)(46)(i)(A) of this section and now deleted without replacement with 
respect to Gila County only Rules 7-3-1.1, 7-3-1.4(C), 7-3-1.7(F), and 
7-3-3.4.
* * * * *
[FR Doc. 01-10651 Filed 4-30-01; 8:45 am]
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