[Federal Register Volume 83, Number 36 (Thursday, February 22, 2018)]
[Rules and Regulations]
[Pages 7614-7616]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-03526]


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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.

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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.

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        Local agency                           Rule No.                         Rule title           Submitted
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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.
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    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\
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    \1\ 62 FR 27968 (May 22, 1997).
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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
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                                                                                                  Additional
     State citation          Title/subject       State effective date     EPA approval date       explanation
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                                           Arizona Administrative Code
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                                                  * * * * * * *
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                       Article 13 (State Implementation Plan Rules For Specific Locations)
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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.
 
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[FR Doc. 2018-03526 Filed 2-21-18; 8:45 am]
 BILLING CODE 6560-50-P