[Federal Register Volume 81, Number 83 (Friday, April 29, 2016)]
[Rules and Regulations]
[Pages 25608-25611]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-10008]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2016-0028; FRL-9945-78-Region 9]


Approval of Air Plan Revisions; Arizona; Rescissions and 
Corrections

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to approve revisions to the Arizona State Implementation Plan 
(SIP) under the Clean Air Act. These revisions include rescissions of 
outdated test methods and performance test specifications. The intended 
effect is to rescind unnecessary provisions from the applicable SIP.

DATES: This final rule is effective on May 31, 2016.

ADDRESSES: The EPA has established docket number EPA-R09-OAR-2016-0028 
for this action. The index to the docket is available electronically at 
www.regulations.gov and in hard copy at EPA Region IX, 75 Hawthorne 
Street, San Francisco, California. While all documents in the docket 
are listed in the index, some information may be publicly available 
only at the hard copy location (e.g., copyrighted material), and some 
may not be publicly available in either location (e.g., Confidential 
Business Information). To inspect the hard copy materials, please 
schedule an appointment during normal business hours with the contact 
listed in the FOR FURTHER INFORMATION CONTACT section.

FOR FURTHER INFORMATION CONTACT: Andrew Steckel, EPA Region IX, (415) 
947-4115, [email protected].

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

Table of Contents

I. Background for Final Rule
II. Summary of Proposed Rule
III. Public Comments and EPA Responses
IV. Final Action
V. Statutory and Executive Order Reviews

I. Background for Final Rule

    On February 11, 2016 (81 FR 7259), we proposed to approve revisions 
to the Arizona SIP under the Clean Air Act (CAA or ``Act'') and 
provided a 30-day comment period. The revisions include rescissions of 
certain statutory provisions, administrative and prohibitory rules, and 
test methods. The EPA also proposed to correct certain errors in 
previous actions on prior revisions to the Arizona SIP and to make 
certain other corrections.
    On that same date, we issued a direct final rule (81 FR 7209) 
taking final action effective April 11, 2016 but indicated that, if we 
received adverse comments by the end of the comment period, we would 
publish a withdrawal of the direct final rule in the Federal Register 
prior to the effective date informing the public that the direct final 
rule will not take effect. The February 11, 2016 proposed rule 
indicated that if the EPA received adverse comment on an amendment, 
paragraph, or section of the direct final rule and if that provision 
may be severed from the remainder of the rule, the EPA may adopt as 
final those provisions of the rule that are not the subject of an 
adverse comment.
    We received a timely adverse comment on a specific test method for 
which we had approved rescission and found that our action on the test 
method (and other test methods and performance test specifications from 
the same approved SIP revision submittal) could be severed from the 
rest of the rule. Thus, we published a partial withdrawal of the direct 
final rule in the Federal Register at 81 FR 19495 (April 5, 2016), 
affecting only the action as it relates to the test method for which 
the comment was received (and the other test methods and performance 
test specifications that were submitted and approved on the same dates 
as the test method in question). In today's action, we provide our 
response to the public comment and take final action to approve the 
rescissions of the outdated test methods and performance test 
specifications based on the proposal published on February 11, 2016.

II. Summary of Proposed Rule

    In our February 11, 2016 proposed rule (81 FR 7259), we directed 
commenters to the direct final rule for a detailed rationale for the 
proposed approval of the SIP revisions and for the proposed 
corrections. As such, the following paragraphs summarize the background 
information and evaluation included in the direct final rule also 
published on February 11, 2016 (81 FR 7209) as it relates to the test 
methods and performance test specifications that are the subject of 
this final rule.
    On March 10, 2015 and January 13, 2016, the Arizona Department of 
Environmental Quality (ADEQ) submitted rescissions of certain statutory 
and regulatory provisions from the applicable Arizona SIP. Under CAA 
section 110(k)(3), the EPA is obligated to approve, disapprove, or 
conditionally approve SIPs and SIP revisions, including rescissions. As 
noted above, the rescissions relate to certain statutory provisions, 
administrative and prohibitory rules, and test methods. In our February 
11, 2016 direct final rule (81 FR 7209), we approved all of the 
rescissions included in the two SIP revisions except for certain test 
methods and performance test specifications, for which we withdrew 
direct final action. In our direct final rule, we also corrected 
certain errors in previous actions on prior revisions to the Arizona 
SIP and to make certain other corrections, but because no adverse 
comments were received on the corrections, we did not withdraw any part 
of the error corrections portion of the direct final rule.
    Table 1 lists the test methods and performance test specifications 
the rescission of which we withdrew direct final action, the dates on 
which the EPA approved the provisions as part of the SIP, and the dates 
on which ADEQ submitted the rescissions to the EPA.

                                           Table 1--Arizona SIP Regulatory Provisions That ADEQ Has Rescinded
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         Regulatory provision                      Title                                EPA approval                       Rescission  submittal date
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Arizona Testing Manual for Air         Method 1 Sample and Velocity   47 FR 17483 (April 23, 1982)....................  January 13, 2016.
 Pollutant Emissions, Section 3.01.     Traverses for Stationary
                                        Sources.
Arizona Testing Manual for Air         Method 2 Determination of      47 FR 17483 (April 23, 1982)....................  January 13, 2016.
 Pollutant Emissions, Section 3.02.     Stack Gas Velocity and
                                        Volumetric Flow Rate (Type S
                                        Pitot Tube).

[[Page 25609]]

 
Arizona Testing Manual for Air         Method 2A Direct Measurement   47 FR 17483 (April 23, 1982)....................  January 13, 2016.
 Pollutant Emissions, Section 3.02.     of Gas Volume Through Pipes
                                        and Small Ducts.
Arizona Testing Manual for Air         Method 2B Determination of     47 FR 17483 (April 23, 1982)....................  January 13, 2016.
 Pollutant Emissions, Section 3.02.     Exhaust Gas Volume Flow Rate
                                        from Gasoline Vapor
                                        Incinerators.
Arizona Testing Manual for Air         Method 3 Gas Analysis for      47 FR 17483 (April 23, 1982)....................  January 13, 2016.
 Pollutant Emissions, Section 3.03.     Carbon Dioxide, Excess Air,
                                        Dry Molecular Weight.
Arizona Testing Manual for Air         Method 3A Determination of     47 FR 17483 (April 23, 1982)....................  January 13, 2016.
 Pollutant Emissions, Section 3.03.     Oxygen and Carbon Dioxide
                                        Concentrations in Emissions
                                        from Stationary Sources
                                        (Instrumental Analyzer
                                        Procedure).
Arizona Testing Manual for Air         Method 4 Determination of      47 FR 17483 (April 23, 1982)....................  January 13, 2016.
 Pollutant Emissions, Section 3.04.     Moisture in Stack Gases.
Arizona Testing Manual for Air         Method 5 Determination of      47 FR 17483 (April 23, 1982)....................  January 13, 2016.
 Pollutant Emissions, Section 3.05.     Particulate Emissions from
                                        Stationary Sources.
Arizona Testing Manual for Air         Method 6 Determination of      47 FR 17483 (April 23, 1982)....................  January 13, 2016.
 Pollutant Emissions, Section 3.06.     Sulfur Dioxide Emissions
                                        from Stationary Sources.
Arizona Testing Manual for Air         Method 7 Determination of      47 FR 17483 (April 23, 1982)....................  January 13, 2016.
 Pollutant Emissions, Section 3.07.     Nitrogen Oxide Emissions
                                        from Stationary Sources.
Arizona Testing Manual for Air         Method 8 Determination of      47 FR 17483 (April 23, 1982)....................  January 13, 2016.
 Pollutant Emissions, Section 3.08.     Sulfuric Acid Mist and
                                        Sulfur Dioxide Emissions
                                        from Stationary Sources.
Arizona Testing Manual for Air         Method 9 Visual Determination  47 FR 17483 (April 23, 1982)....................  January 13, 2016.
 Pollutant Emissions, Section 3.09.     of the Opacity of Emissions
                                        from Stationary Sources.
Arizona Testing Manual for Air         Method 10 Determination of     47 FR 17483 (April 23, 1982)....................  January 13, 2016.
 Pollutant Emissions, Section 3.10.     Carbon Monoxide Emissions
                                        from Stationary Sources.
Arizona Testing Manual for Air         Method 13B Determination of    47 FR 17483 (April 23, 1982)....................  January 13, 2016.
 Pollutant Emissions, Section 3.13.     Total Fluoride Emissions
                                        from Stationary Sources--
                                        Specific Ion Electrode
                                        Method.
Arizona Testing Manual for Air         Method 13 Determination of     47 FR 17483 (April 23, 1982)....................  January 13, 2016.
 Pollutant Emissions, Section 3.13.     Total Fluoride Emissions
                                        from Stationary Sources--
                                        SOADNS Zirconium Lake Method.
Arizona Testing Manual for Air         Method 14 Determination of     47 FR 17483 (April 23, 1982)....................  January 13, 2016.
 Pollutant Emissions, Section 3.14.     Total Fluoride Emissions
                                        from Potroom Roof Monitors
                                        for Primary Aluminum Plants.
Arizona Testing Manual for Air         Method 15 Determination of     47 FR 17483 (April 23, 1982)....................  January 13, 2016.
 Pollutant Emissions, Section 3.15.     Hydrogen Sulfide, Carbonyl
                                        Sulfide, and Carbon
                                        Disulfide Emissions from
                                        Stationary Sources.
Arizona Testing Manual for Air         Method 17 Determination of     47 FR 17483 (April 23, 1982)....................  January 13, 2016.
 Pollutant Emissions, Section 3.17.     Particulate Emissions from
                                        Stationary Sources (In-Stack
                                        Filtration Method).
Arizona Testing Manual for Air         Performance Specification 1:   47 FR 17483 (April 23, 1982)....................  January 13, 2016.
 Pollutant Emissions, Section 4.01.     Performance specifications
                                        and specification test
                                        procedures for
                                        transmissometer systems for
                                        continuous measurement of
                                        the opacity of stack
                                        emissions.
Arizona Testing Manual for Air         Performance Specification 2:   47 FR 17483 (April 23, 1982)....................  January 13, 2016.
 Pollutant Emissions, Section 4.02.     Performance specifications
                                        and specification test
                                        procedures for monitors of
                                        SO2 and NOX from stationary
                                        sources.
Arizona Testing Manual for Air         Performance Specification 3:   47 FR 17483 (April 23, 1982)....................  January 13, 2016.
 Pollutant Emissions, Section 4.03.     Performance specifications
                                        and specification test
                                        procedures for monitors of
                                        CO2 and O2 from stationary
                                        sources.
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    As explained in our February 11, 2016 direct final rule, in April 
1982, the EPA approved sections 3 and 4 of the Arizona Testing Manual 
for Air Pollutant Emissions (``Arizona Testing Manual'') as a revision 
to the Arizona SIP. Section 3 of the Arizona Testing Manual includes 
certain test methods from 40 CFR part 60, appendix A, and section 4 of 
the Arizona Testing Manual includes certain performance test 
specifications from 40 CFR part 60, appendix B. Both the test methods 
and performance test methods approved into the Arizona SIP date from 
the 1970s.
    Over the years, the EPA's test methods and performance test 
specifications in 40 CFR part 60 have

[[Page 25610]]

been revised, and thus, the versions of the test methods and 
performance test specifications approved as part of the Arizona SIP are 
outdated. Also, in recent years, the EPA has approved two state rules 
that in effect incorporate more recent versions of the EPA's test 
methods and performance test specifications into the Arizona SIP. See 
Arizona Administrative Code (AAC) R18-2-311 (``Test Methods and 
Procedures'') and appendix 2 (``Test Methods and Protocols'') for AAC, 
title 18, chapter 2.\1\ See 80 FR 67319 (November 2, 2015) and 79 FR 
56655 (September 23, 2014). As such, the outdated test methods and 
performance test specifications approved as part of the Arizona Testing 
Manual need not be retained in the Arizona SIP. Thus, we found ADEQ's 
rescission of the outdated test methods and performance test 
specifications to be acceptable, and, under section 110(k), we proposed 
to approve the state's rescission of them from the Arizona SIP.
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    \1\ R18-2-311 provides that applicable procedures and testing 
methods contained in, among other references, 40 CFR part 60, 
appendices A through F, shall be used to determine compliance with 
state requirements for stationary sources. Appendix 2 for AAC, title 
18, chapter 2 incorporates by reference 40 CFR part 60 appendices 
revised as of July 1, 2006.
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    For further information about the SIP revisions and our 
corresponding evaluation, please see our direct final rule (81 FR 7209, 
February 11, 2016).

III. Public Comments and EPA Responses

    Our February 11, 2016 proposed rule provided for a 30-day comment 
period. During that period, we received a comment from a member of the 
public. Staff at EPA Region 9 contacted the commenter to clarify this 
comment on March 22, 2016. Our response to this comment is provided 
below.
    Comment: All legacy permits and emission sources administered under 
this [SIP] should allow the use of EPA Method 9 and/or EPA Broadly 
Applicable Alternative Method 082 for the measurement of opacity and 
evaluation of visible emissions. All new sources regulated under this 
plan should require the use of EPA Alternative Method 082 for the 
measurement of opacity and the evaluation of visible emission sources. 
People complain about what they can see and smell and the use of 
digital-camera-based visible emission evaluation is the best means to 
ensure public participation and support. The EPA declared ASTM D7520's 
Digital Camera Opacity Technique (DCOT) the Best Available Measurement 
Technology for visible emissions in the Ferroalloy Production NESHAP 
rule and this example should be followed in all State Implementation 
Plans.
    EPA Response: Under the existing SIP, EPA Method 9 is already 
allowed to be used. In fact, under the existing SIP, two versions of 
EPA Method 9 are approved for use: The version of EPA Method 9 approved 
at 47 FR 17483 (April 23, 1982) and the updated version of EPA Method 9 
approved through approval of AAC R18-2-311 and appendix 2 for AAC, 
title 18, chapter 2, which incorporates by reference 40 CFR part 60 
appendices (including EPA Method 9) revised as of July 1, 2006. Our 
approval of the state's rescission of the 1982 approved version of EPA 
Method 9 simply deletes that version from the SIP. The more current 
version of Method 9 continues to apply under the SIP.
    As far as alternative methods are concerned, AAC R18-2-311, which 
as noted above has been approved as part of the Arizona SIP, does 
provide for alternatives to EPA Method 9, but the alternative method so 
provided for does not include Broadly Applicable Alternative Method 
082. More specifically, AAC R18-2-311(B) provides that a permit may 
specify a method, other than EPA Method 9, for determining the opacity 
of visible emissions from a particular emission unit, if the method has 
been promulgated by the EPA in 40 CFR part 60, appendix A. The EPA has 
approved and promulgated in 40 CFR part 60, appendix A only one 
alternative to Method 9: ``Alternative Method 1--Determination of the 
Opacity of Emissions from Stationary Sources Remotely by LIDAR.'' Thus, 
Alternative Method 082 is not specifically provided for under the 
Arizona SIP at the present time.\2\ The rescission of an outdated 
version of EPA Method 9 has no effect on the status of Alternative 
Method 082 in the Arizona SIP.
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    \2\ We note, however, that under SIP-approved AAC R18-2-312 
(``Performance tests''), data collected using other methods, such as 
Alternative Method 082 or ASTM D7520, may be used as evidence of 
compliance with applicable good maintenance and operating 
requirements.
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    We do recognize that the EPA has approved Alternative Method 082 as 
an alternative to EPA Method 9 with certain limitations and for certain 
purposes. Alternative Method 082 specifies, with certain limitations, 
the use of American Society for Testing and Materials (ASTM) D7520-09 
``Standard Test Method for Determining the Opacity of a Plume in the 
Outdoor Ambient Atmosphere'' as an alternative to EPA Method 9 for 
sources subject to 40 CFR 60, 61, and 63. See 77 FR 8865 (February 15, 
2012). We also note that the National Emissions Standards for Hazardous 
Air Pollutants (NESHAPS) for the Ferroalloys Production source category 
was recently amended following the EPA's request for comments on the 
use of new technologies to provide continuous or near continuous long 
term approaches to monitoring emissions from industrial sources for the 
Ferroalloy Production source category. After consideration of comments 
received and after evaluating the technologies, the EPA amended the 
Ferroalloys Production NESHAPS to, among other things, replace the 
weekly Method 9 opacity requirement with a weekly requirement to 
measure opacity using ASTM D7520-13 (i.e., an updated version of ASTM 
D7520-9) and the digital camera opacity technique (DCOT) to demonstrate 
compliance with the process fugitives standards. See 80 FR 37366 (June 
30, 2015).
    However, use of Alternative Method 082's or ASTM D7520's digital 
camera technology by states to determine opacity of visible emissions 
is not a requirement for SIPs. The State of Arizona could consider a 
revision to its rules to allow the use of Alternative Method 082 (for 
appropriate applications and with appropriate limitations) or the most 
current version of ASTM D7520 if it chooses to do so, as long as the 
use of the DCOT in lieu of EPA Method 9 is consistent with EPA's 
approval of ASTM D7520-09 in Alternative Method 082. We generally 
support its inclusion in State programs where appropriate. The EPA 
would take action to approve or disapprove such a revision under CAA 
section 110(k) if the state were to adopt such a revision and submit it 
to the EPA as a SIP revision.

IV. Final Action

    Pursuant to CAA section 110(k)(3), the EPA is approving the state's 
rescission of the outdated test methods and performance test 
specifications listed in Table 1 from the Arizona SIP because we 
believe they are no longer necessary to retain.

V. Statutory and Executive Order Reviews

    Under the Clean Air Act, 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 Clean Air Act. 
Accordingly, this action merely rescinds outdated test methods and

[[Page 25611]]

performance test specifications as unnecessary to retain in the 
applicable SIP 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 Order 
12866 (58 FR 51735, October 4, 1993);
     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 Clean Air Act; and
     Does not provide the EPA with the discretionary authority 
to address disproportionate human health or environmental effects with 
practical, appropriate, and legally permissible methods under Executive 
Order 12898 (59 FR 7629, February 16, 1994).

In addition, the SIP is not approved to apply on any Indian reservation 
land or in any other area where the EPA or an Indian tribe has 
demonstrated that a tribe has jurisdiction. In those areas of Indian 
country, this rule does not have tribal implications as specified by 
Executive Order 13175 (65 FR 67249, November 9, 2000), nor will it 
impose substantial direct costs on tribal governments or preempt tribal 
law.
    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 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 June 28, 2016. 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, Particulate matter, Reporting 
and recordkeeping requirements.

    Dated: April 15, 2016.
Jared Blumenfeld,
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 paragraph (c)(29)(i)(B) to read 
as follows:


Sec.  52.120  Identification of plan.

* * * * *
    (c) * * *
    (29) * * *
    (i) * * *
    (B) Previously approved on April 23, 1982, in paragraph 
(c)(29)(i)(A) of this section and now deleted without replacement: 
Arizona Testing Manual for Air Pollutant Emissions, Sections 3.0 and 
4.0.
* * * * *
[FR Doc. 2016-10008 Filed 4-28-16; 8:45 am]
 BILLING CODE 6560-50-P