[Federal Register Volume 69, Number 78 (Thursday, April 22, 2004)]
[Proposed Rules]
[Pages 21797-21799]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-9041]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[AZ 126-0074a; FRL-7650-2]


Revisions to the Arizona State Implementation Plan, Arizona 
Department of Environmental Quality

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to approve revisions to the Arizona 
Department of Environmental Quality (ADEQ) portion of the Arizona State 
Implementation Plan (SIP). These revisions concern opacity standards 
related to particulate matter (PM-10) emissions from industrial 
processes. We are proposing to approve local rules that regulate these 
emission sources under the Clean Air Act as amended in 1990 (CAA or the 
Act).

DATES: Any comments must arrive by May 24, 2004.

ADDRESSES: Send comments to Andy Steckel, Rulemaking Office Chief (AIR-
4), U.S. Environmental Protection Agency, Region IX, 75 Hawthorne 
Street, San Francisco, CA 94105, or e-mail to [email protected], 
or submit comments at http://www.regulations.gov.
    You can inspect copies of the submitted SIP revisions, EPA's 
technical

[[Page 21798]]

support document (TSD) and public comments at our Region IX office 
during normal business hours by appointment. You may also see copies of 
the submitted SIP revisions at the following locations:

Air and Radiation Docket and Information Center, U.S. Environmental 
Protection Agency, (Mail Code 6102T), Room B-102, 1301 Constitution 
Avenue, NW., Washington, DC 20460.
Arizona Department of Environmental Quality, 3033 North Central Avenue, 
Phoenix, AZ 85012.

    A copy of the rules may also be available via the Internet at 
http://www.sosaz.com/public_services/Title_18/18-02.htm. Please be 
advised that this is not an EPA website and may not contain the same 
version of the rule that was submitted to EPA.

FOR FURTHER INFORMATION CONTACT: Al Petersen, Rulemaking Office (AIR-
4), U.S. Environmental Protection Agency, Region IX, (415) 947-4118, 
[email protected].

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

Table of Contents

I. The State's Submittal
    A. What rules did the State submit?
    B. Are there other versions of these rules?
    C. What is the purpose of the submitted rule revisions?
II. EPA's Evaluation and Action
    A. How is EPA evaluating the rules?
    B. Do the rules meet the evaluation criteria?
    C. Public comment and final action
III. Statutory and Executive Order Reviews

I. The State's Submittal

A. What Rules Did the State Submit?

    Table 1 lists the rules we are proposing to approve with the dates 
that they were revised and submitted by the ADEQ.

                                            Table 1.--Submitted Rules
----------------------------------------------------------------------------------------------------------------
     Local agency                Rule No.                       Rule title                Revised     Submitted
----------------------------------------------------------------------------------------------------------------
ADEQ..................  R18-2-101 (paragraphs 41   Definitions [``existing source''        09/26/90     01/16/04
                         and 111).                  and ``stationary source''].
ADEQ..................  R18-2-702................  General Provisions [Visible             08/08/03     01/16/04
                                                    Emissions].
----------------------------------------------------------------------------------------------------------------

    On March 19, 2004, the submittal of Rule R18-2-101 (paragraphs 41 
and 111) and Rule R18-2-702 was found to meet the completeness criteria 
in 40 CFR part 51 appendix V, which must be met before formal EPA 
review.

B. Are There Other Versions of These Rules?

    We approved a version of Rule R18-2-101 (paragraphs 41 and 111) 
into the SIP on August 10, 1988 (53 FR 30220) as Rule R9-3-101. We 
approved a version of Rule R18-2-702 into the SIP on April 23, 1982 (47 
FR 17485) as Rule R9-3-501.
    On September 23, 2002 (67 FR 59456), we published a full 
disapproval of ADEQ Rule R18-2-702 as revised locally on November 13, 
1993 and submitted on July 15, 1998. Offset sanctions would start on 
April 24, 2004 if the deficiencies were not corrected.

C. What Is the Purpose of the Submitted Rule Revisions?

    Particulate matter (PM-10) harms human health and the environment. 
Section 110(a) of the CAA requires states to submit regulations that 
control PM-10 emissions. Rule R18-2-702 establishes general opacity 
requirements that help control PM-10 emissions.
    The purpose for the Rule R9-3-101 (paragraph 41) revision relative 
to the SIP Rule R9-3-101 (paragraph 62) is as follows:
     To change the definition of ``existing source'' 
from those commencing construction or alteration before May 14, 1979 to 
those which do not have a New Source Performance Standard (NSPS) for 
PM-10. Rule R18-2-702 applies to ``existing sources.'' This revised 
definition will ensure that all existing sources not otherwise subject 
to an opacity limit are covered by Rule R18-2-702. This includes many 
more sources in the applicability of the rule, so strengthens the SIP.
    The purpose for the Rule R9-3-101 (paragraph 111) revision relative 
to the SIP Rule R9-3-101 (paragraph 158) is as follows:
     To clarify the definition of ``stationary 
source'' and, as a result, to clarify the sources covered by Rule R18-
2-702. This revision will strengthen the SIP by removing potential 
ambiguity.
    The purpose for the Rule R18-2-702 revisions relative to the SIP 
Rule R9-3-501 is to remedy deficiencies in the full disapproval of the 
version revised on November 18, 1993. See 67 FR 59456 (September 23, 
2002). The deficiencies cited [in brackets] and the remedies are as 
follows:
     [The previous version of Rule R18-2-702 relaxed 
the SIP by changing the scope of the rule to apply to only ``existing 
sources.''] The revised rule cross-references the definition of 
``existing source'' in Rule R9-3-101(41) which has been changed to 
``sources without an NSPS.'' This expands the scope of the rule to 
include more than 100 existing sources and exempts only those new 
sources already subject to NSPS opacity standards. Therefore, both new 
and existing sources are covered by an opacity standard, and there is 
no relaxation of the SIP in Rule R18-2-702.
     [The previous version of Rule R18-2-702 included 
a 40% opacity standard which EPA concluded does not meet the 
requirements of RACM/RACT.] The standard has been changed to 20% 
opacity for stationary sources in nonattainment and maintenance areas. 
This standard fulfills the requirements of RACM/RACT.
     [The previous version of Rule R18-2-702 included 
inappropriate discretion for the Director to relax the opacity standard 
if the source complies with the associated mass standard for the 
source.] Revised Rule R18-2-702.E requires that the ADEQ Director 
approving an alternate opacity standard submit the proposed alternate 
opacity standard to EPA for approval. This will assure that RACM/RACT 
and other SIP requirements are fulfilled for such revisions.
    The TSD has more information about these rules.

II. EPA's Evaluation and Action

A. How Is EPA Evaluating the Rules?

    Generally, SIP rules must be enforceable (see section 110(a) of the 
CAA), must require RACM, including RACT, for significant source 
categories in moderate PM-10 nonattainment areas (see sections 
172(c)(1) and 189(a)), and must not relax existing requirements (see 
sections 110(l) and 193). The area regulated by the rule contains five 
counties that are PM-10 moderate nonattainment areas: Cochise County, 
Santa Cruz County, Gila County, Mohave County, and Yuma County. 
Therefore, rules with emission standards for these nonattainment areas 
must meet the requirements of RACM/RACT.
    Documents that we used to help evaluate enforceability and RACT

[[Page 21799]]

requirements consistently include the following:
     PM-10 Guideline Document (EPA-452/R-93-008).

B. Do the Rules Meet the Evaluation Criteria?

    We believe these rules are consistent with the relevant policy and 
guidance regarding enforceability, RACM/RACT, and SIP relaxations. The 
TSD has more information on our evaluation.

C. Public Comment and Final Action

    Because EPA believes the submitted rules fulfill all relevant 
requirements, we are proposing to fully approve them as described in 
section 110(k)(3) of the CAA. We will accept comments from the public 
on this proposal for the next 30 days. Unless we receive convincing new 
information during the comment period, we intend to publish a final 
approval action that will incorporate these rules into the federally 
enforceable SIP.

III. Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
proposed action is not a ``significant regulatory action'' and 
therefore is not subject to review by the Office of Management and 
Budget. For this reason, this action is also not subject to Executive 
Order 13211, ``Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This 
proposed action merely proposes to approve state law as meeting Federal 
requirements and imposes no additional requirements beyond those 
imposed by state law. Accordingly, the Administrator certifies that 
this proposed 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 proposes to approve 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 (2 U.S.C. 1501 et seq.).
    This proposed rule also does not have tribal implications because 
it will not have a substantial direct effect on one or more Indian 
tribes, on the relationship between the Federal Government and Indian 
tribes, or on the distribution of power and responsibilities between 
the Federal Government and Indian tribes, as specified by Executive 
Order 13175 (65 FR 67249, November 9, 2000). This action also does not 
have Federalism implications because it does 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). This action 
merely proposes to approve 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 
proposed rule also is not subject to Executive Order 13045 ``Protection 
of Children from Environmental Health Risks and Safety Risks'' (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) do not apply. This proposed 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.).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Particulate matter, Reporting 
and recordkeeping requirements.

    Dated: April 5, 2004.
Laura Yoshii,
Acting Regional Administrator, Region IX.
[FR Doc. 04-9041 Filed 4-21-04; 8:45 am]
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