[Federal Register Volume 81, Number 120 (Wednesday, June 22, 2016)]
[Rules and Regulations]
[Pages 40525-40527]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-14669]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2015-0187; FRL-9948-01-Region 9]


Limited Disapproval of Air Plan Revisions; Arizona; New Source 
Review; PM2.5

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is finalizing a 
limited disapproval of a revision to the Arizona Department of 
Environmental Quality (ADEQ) portion of the Arizona State 
Implementation Plan (SIP) under the Clean Air Act (CAA or Act). This 
ADEQ-submitted SIP revision primarily was intended to serve as a 
replacement of ADEQ's SIP-approved rules for the issuance of New Source 
Review (NSR) permits for stationary sources, including but not limited 
to the rules governing the review and permitting of major sources and 
major modifications under the Act. This action concerns only the major 
nonattainment NSR provisions in ADEQ's submittal as they pertain to the 
Nogales and West Central Pinal nonattainment areas for particulate 
matter with a diameter of 2.5 micrometers or less (PM2.5). 
The EPA previously finalized a limited approval for these 
PM2.5 nonattainment areas related to certain major 
nonattainment NSR permitting requirements for PM2.5 under 
the CAA. We subsequently proposed a limited disapproval for these 
PM2.5 nonattainment areas to set the stage for remedying 
certain deficiencies related to these nonattainment NSR permitting 
requirements for PM2.5, and this action finalizes this 
limited disapproval.

DATES: This rule will be effective on July 22, 2016.

ADDRESSES: The EPA has established docket number EPA-R09-OAR-2015-0187 
for this action. Generally, documents in the docket for this action are 
available electronically at http://www.regulations.gov or in hard copy 
at EPA Region IX, 75 Hawthorne Street, San Francisco, California 94105-
3901. While all documents in the docket are listed at http://www.regulations.gov, some information may be publicly available only at 
the hard copy location (e.g., copyrighted material, large maps, multi-
volume reports), and some may not be available in either location 
(e.g., confidential business information (CBI)). 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: Lisa Beckham, EPA Region IX, (415) 
972-3811, [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. Statutory and Executive Order Reviews

I. Proposed Action

    On May 2, 2016, the EPA proposed a limited disapproval of the major 
nonattainment NSR portion of ADEQ's NSR SIP submittal for 
PM2.5 as it pertains to the requirements of CAA section 
189(e). See 81 FR 26185. ADEQ's NSR SIP submittal generally includes 
requirements for the PM2.5

[[Page 40526]]

nonattainment NSR program for major sources consistent with the 
provisions promulgated in the EPA's 2008 NSR PM2.5 Rule. 
Specifically, ADEQ's NSR SIP submittal includes the PM2.5 
significant emission rates at R18-2-101(130), regulation of certain 
PM2.5 precursors (SO2 and NOX) at R18-
2-101(130), the regulation of PM10 and PM2.5 
condensable emissions at R18-2-101(122)(f), and the emissions offset 
requirements at R18-2-403(A)(3). The EPA approved these provisions into 
ADEQ's SIP as part of a limited approval and limited disapproval, and 
other actions, on November 2, 2015 (80 FR 67319). At that time, we did 
not determine that the submittal fully addressed section 189(e) in 
title I, Part D, subpart 4 of the Act, related to NSR permitting 
requirements for PM2.5 for major stationary sources in 
PM2.5 nonattainment areas, and instead finalized a limited 
approval related to the requirements of subpart 4 based on this issue.
    For PM2.5 nonattainment areas, CAA section 189(e) 
requires that the control requirements applicable under plans in effect 
under part D of the CAA for major stationary sources of 
PM2.5 also apply to major stationary sources of 
PM2.5 precursors, except where the Administrator determines 
that such sources do not contribute significantly to PM2.5 
levels that exceed the standards in the area. In our May 2, 2016 
proposed action, we proposed to determine that ADEQ's NSR SIP submittal 
does not fully satisfy the major nonattainment NSR requirements for 
PM2.5 under section 189(e) of the Act for the Nogales and 
West Central Pinal PM2.5 nonattainment areas, based on our 
finding that the submittal does not include rules regulating VOCs or 
ammonia as PM2.5 precursors under the major source 
nonattainment NSR program, nor does it include a demonstration showing 
that the regulation of VOCs and ammonia is not necessary under section 
189(e).
    The preamble in the Federal Register notification for our proposed 
action contains more information on the basis for this rulemaking and 
on our evaluation of the submittal.

II. Public Comments and EPA Responses

    The EPA's May 2, 2016 proposed action provided a 30-day public 
comment period. During this period, we did not receive any comments on 
our proposal.

III. EPA Action

    No comments were submitted on our proposed action. Therefore, as 
authorized in sections 110(k) of the Act, the EPA is finalizing a 
limited disapproval of the ADEQ NSR SIP submittal for the Nogales and 
West Central Pinal PM2.5 nonattainment areas under section 
189(e) of the Act related to PM2.5 precursors.
    As a result of this final action, the EPA must promulgate a federal 
implementation plan (FIP) under section 110(c) to address the 
deficiencies that are the subject of this action unless we approve 
subsequent SIP revisions that correct the deficiencies within 24 
months. In addition, sanctions will be imposed unless the EPA approves 
subsequent SIP revisions that correct these deficiencies within 18 
months of the effective date of this action. These sanctions would be 
imposed under section 179 of the Act and 40 CFR 52.31.

IV. Statutory and Executive Order Reviews

    Additional information about these statutes and Executive Orders 
can be found at http://www2.epa.gov/laws-regulations/laws-and-executive-orders.

A. Executive Order 12866: Regulatory Planning and Review and Executive 
Order 13563: Improving Regulation and Regulatory Review

    This action is not a significant regulatory action and was 
therefore not submitted to the Office of Management and Budget (OMB) 
for review.

B. Paperwork Reduction Act (PRA)

    This action does not impose an information collection burden under 
the PRA because this action does not impose additional requirements 
beyond those imposed by state law.

C. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant economic 
impact on a substantial number of small entities under the RFA. This 
action will not impose any requirements on small entities beyond those 
imposed by state law.

D. Unfunded Mandates Reform Act (UMRA)

    This action does not contain any unfunded mandate as described in 
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect 
small governments. This action does not impose additional requirements 
beyond those imposed by state law. Accordingly, no additional costs to 
State, local, or tribal governments, or to the private sector, will 
result from this action.

E. Executive Order 13132: Federalism

    This action does not have federalism implications. It 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.

F. Executive Order 13175: Coordination With Indian Tribal Governments

    This action does not have tribal implications, as specified in 
Executive Order 13175, because 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, and will not 
impose substantial direct costs on tribal governments or preempt tribal 
law. Thus, Executive Order 13175 does not apply to this action.

G. Executive Order 13045: Protection of Children From Environmental 
Health Risks and Safety Risks

    The EPA interprets Executive Order 13045 as applying only to those 
regulatory actions that concern environmental health or safety risks 
that the EPA has reason to believe may disproportionately affect 
children, per the definition of ``covered regulatory action'' in 
section 2-202 of the Executive Order. This action is not subject to 
Executive Order 13045 because it does not impose additional 
requirements beyond those imposed by state law.

H. Executive Order 13211: Actions That Significantly Affect Energy 
Supply, Distribution, or Use

    This action is not subject to Executive Order 13211, because it is 
not a significant regulatory action under Executive Order 12866.

I. National Technology Transfer and Advancement Act (NTTAA)

    Section 12(d) of the NTTAA directs the EPA to use voluntary 
consensus standards in its regulatory activities unless to do so would 
be inconsistent with applicable law or otherwise impractical. The EPA 
believes that this action is not subject to the requirements of section 
12(d) of the NTTAA because application of those requirements would be 
inconsistent with the CAA.

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J. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Population

    The EPA lacks the discretionary authority to address environmental 
justice in this rulemaking.

K. Congressional Review Act (CRA)

    This action is subject to the CRA, and the EPA will submit a rule 
report to each House of the Congress and to the Comptroller General of 
the United States. This action is not a ``major rule'' as defined by 5 
U.S.C. 804(2).

L. Petitions for Judicial Review

    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 August 22, 2016. 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, Incorporation by 
reference, Intergovernmental relations, Nitrogen dioxide, Ozone, 
Particulate matter, Reporting and recordkeeping requirements, Sulfur 
oxides, Volatile organic compounds.

    Dated: June 13, 2016.
Alexis Strauss,
Acting Regional Administrator, Region IX.
[FR Doc. 2016-14669 Filed 6-21-16; 8:45 am]
 BILLING CODE 6560-50-P