[Federal Register Volume 83, Number 62 (Friday, March 30, 2018)]
[Proposed Rules]
[Pages 13716-13718]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-06548]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2017-0661; FRL-9976-18--Region 9]


Air Plan Approval; Arizona; Hayden and Miami Areas; Lead and 
Sulfur Dioxide Control Measures--Copper Smelters

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve revisions to the Arizona State Implementation Plan (SIP). These 
revisions concern emissions of lead and sulfur dioxide (SO2) 
from the copper smelter at Hayden, AZ and SO2 from the 
copper smelter at Miami, AZ. We are proposing to approve State rules to 
regulate these emission sources under the Clean Air Act (CAA or the 
Act). We are taking comments on this proposal and plan to follow with a 
final action.

DATES: Any comments must arrive by April 30, 2018.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-

[[Page 13717]]

OAR-2017-0661 at http://www.regulations.gov, or via email to Kevin 
Gong, at [email protected]. For comments submitted at Regulations.gov, 
follow the online instructions for submitting comments. Once submitted, 
comments cannot be removed or edited from Regulations.gov. For either 
manner of submission, the EPA may publish any comment received to its 
public docket. Do not submit electronically any information you 
consider to be Confidential Business Information (CBI) or other 
information whose disclosure is restricted by statute. Multimedia 
submissions (audio, video, etc.) must be accompanied by a written 
comment. The written comment is considered the official comment and 
should include discussion of all points you wish to make. The EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e. on the web, cloud, or other file sharing 
system). For additional submission methods, please contact the person 
identified in the FOR FURTHER INFORMATION CONTACT section. For the full 
EPA public comment policy, information about CBI or multimedia 
submissions, and general guidance on making effective comments, please 
visit http://www.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Kevin Gong, EPA Region IX, (415) 972 
3073, [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and 
``our'' refer to the 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 rules and rule 
revisions?
II. The EPA's Evaluation and Action
    A. How is the EPA evaluating the rules?
    B. Do the rules meet the evaluation criteria?
    C. EPA Recommendations To Further Improve the Rules
    D. Public Comment and Proposed Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews

I. The State's Submittal

A. What rules did the State submit?

    Table 1 lists the Arizona Administrative Code rules and regulatory 
appendix addressed by this proposal with their effective dates and the 
dates they were submitted by the Arizona Department of Environmental 
Quality (ADEQ).\1\
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    \1\ In addition to the rules addressed in this proposal, ADEQ's 
April 6, 2017 submittal also included R18-2-B1301.01--Limits on 
Lead-Bearing Fugitive Dust from the Hayden Smelter; R18-2-B1302--
Limits on SO2 Emissions from the Hayden Smelter; R18-2-
715--Standards of Performance for Existing Primary Copper Smelters: 
Site-Specific Requirements; and R18-2-715.01--Standards of 
Performance for Existing Primary Copper Smelters; Compliance and 
Monitoring. The EPA has already approved R18-2-B1301.01 into the 
SIP, 83 FR 7614 (February 22, 2018) and intends to take action on 
the remaining rules in a separate rulemaking.

                                            Table 1--Submitted Rules
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             Rule  citation                       Rule title                   Effective             Submitted
----------------------------------------------------------------------------------------------------------------
R18-2-B1301.............................  Limits on Lead Emissions    7/1/2018 or 180 calendar          4/6/2017
                                           from the Hayden Smelter.    days after completion of
                                                                       all Converter Retrofit
                                                                       Project improvements
                                                                       authorized by Significant
                                                                       Permit Revision No. 60647.
R18-2-C1302.............................  Limits on SO2 Emissions     On the later of the               4/6/2017
                                           from the Miami Smelter.     effective date of the EPA
                                                                       Administrator's action
                                                                       approving it as part of
                                                                       the state implementation
                                                                       plan or January 1, 2018.
Appendix 14.............................  Procedures for Sulfur       5/7/2017..................        4/6/2017
                                           Dioxide and Lead Fugitive
                                           Emissions Studies for the
                                           Hayden Smelter.
R18-2-715.02............................  Standards of Performance    5/7/2017..................        4/6/2017
                                           for Existing Primary
                                           Copper Smelters; Fugitive
                                           Emissions.
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    On July 17, 2017, the EPA determined that the submittal for the 
rules and documents in Table 1 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 these rules?

    There are no previous versions of Rules R18-2-B1301, R18-2-C1302 or 
Appendix 14 in the SIP. We approved an earlier version of Rule R18-2-
715.02 into the SIP on November 1, 2004 (69 FR 63321).

C. What is the purpose of the submitted rules and rule revisions?

    On November 12, 2008, the EPA published a final rule revising the 
lead National Ambient Air Quality Standards (NAAQS). On June 22, 2010, 
the EPA promulgated a new 1-hour primary sulfur dioxide 
(SO2) NAAQS. CAA section 172(c)(1) requires SIPs for 
nonattainment areas to provide for implementation of all reasonably 
available control measures (RACM), including reasonably available 
control technology (RACT), and provide for attainment of the NAAQS. The 
EPA designated the Hayden area as nonattainment for lead in 2014 (79 FR 
52205) and designated the Hayden and Miami areas as nonattainment for 
SO2 in 2013 (78 FR 47191). Rule R18-2-B1301 establishes 
control requirements for lead emissions from the copper smelter located 
in the Hayden, AZ nonattainment area (``Hayden Smelter''). Rule R18-2-
C1302 establishes control requirements for SO2 emissions 
from the copper smelter located in the Miami, AZ nonattainment area 
(``Miami Smelter''). Appendix 14 requires the evaluation and 
characterization of fugitive lead and SO2 emissions from the 
Hayden Smelter. Rule R18-2-715.02 contains the existing requirements 
for fugitive SO2 emissions studies at both smelters. These 
requirements will sunset after: (1) The revisions to Rule R18-2-715.02 
are approved into the SIP, and (2) Rule B1302 (for the Hayden Smelter) 
and Rule R18-2-C1302 (for the Miami Smelter) take effect. The EPA's 
technical support documents (TSDs) have more information about these 
rules.

II. The EPA's Evaluation and Action

A. How is the EPA evaluating the rules?

    SIP rules must be enforceable (see CAA section 110(a)(2)), must not 
interfere with applicable requirements concerning attainment and 
reasonable further progress or other CAA requirements (see CAA section 
110(l)), and must not modify certain SIP control requirements in 
nonattainment areas without ensuring equivalent or greater emissions 
reductions (see CAA section 193). The EPA will address the overall

[[Page 13718]]

RACM/RACT requirement for the Hayden lead nonattainment area in the 
context of our action on ADEQ's lead plan (``SIP Revision: Hayden Lead 
Nonattainment Area,'' submitted by ADEQ to the EPA on March 3, 2017), 
and we will address the RACM/RACT requirement for the Miami 
SO2 nonattainment area in the context of our action on 
ADEQ's SO2 plan (``Arizona SIP Revision: Miami Sulfur 
Dioxide Nonattainment Area for the 2010 SO2 NAAQS,'' 
submitted by ADEQ to the EPA on March 8, 2017). Therefore, our 
stringency evaluations here consider whether Rules R18-2-B1301 and R18-
2-C1302 implement reasonable controls for the two subject criteria 
pollutants at the Hayden and Miami smelters.\2\
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    \2\ Appendix 14 does not establish control requirements, so it 
is not subject to a stringency evaluation. Appendix 14 is still 
subject to enforceability and SIP consistency evaluations, which we 
describe in our TSD. The revisions to sunset the existing 
requirements of Rule R18-2-715.02, are evaluated in context with 
Appendix 14. See the TSD evaluating Appendix 14 for more information 
on Rule R18-2-715.02. Rule R18-2-B1302 regulates SO2 
emissions at the Hayden Smelter, and will be evaluated in a separate 
rulemaking. The revisions to sunset the existing requirements of 
Rules R18-2-715 and R18-2-715.01 in relation to the Hayden Smelter 
will be evaluated in context with R18-2-B1302.
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    Guidance and policy documents that we use to evaluate 
enforceability, rule stringency, and SIP revision requirements for the 
applicable criteria pollutants include the following:
    1. ``Issues Relating to VOC Regulation Cutpoints, Deficiencies, and 
Deviations,'' EPA, May 25, 1988 (the Bluebook, revised January 11, 
1990).
    2. ``Guidance Document for Correcting Common VOC & Other Rule 
Deficiencies,'' EPA Region 9 (the Little Bluebook, August 21, 2001).
    3. ``Implementation of the 2008 Lead National Ambient Air Quality 
Standards: Guide to Developing Reasonably Available Control Measures 
(RACM) for Controlling Lead Emissions,'' EPA Office of Air Quality 
Planning and Standards (March 2012).
    4. ``Guidance for 1-Hour SO2 Nonattainment Area SIP 
Submissions,'' EPA Office of Air Quality Planning and Standards (April 
23, 2014).
    5. National Emission Standard for Hazardous Air Pollutants for 
Primary Copper Smelting (40 CFR part 63, subpart QQQ).
    6. National Emission Standard for Hazardous Air Pollutants for 
Secondary Lead Smelting (40 CFR part 63, subpart X).

B. Do the rules meet the evaluation criteria?

    These rules are consistent with CAA requirements and relevant 
guidance regarding enforceability, rule stringency, and SIP revisions. 
The TSDs have more information on our evaluation.

C. EPA Recommendations To Further Improve the Rules

    The TSDs describe additional rule revisions that we recommend for 
the next time the State modifies the rules.

D. Public Comment and Proposed Action

    As authorized in section 110(k)(3) of the Act, the EPA proposes to 
fully approve the submitted rules because they fulfill all relevant 
requirements. We will accept comments from the public on this proposal 
until April 30, 2018. If we take final action to approve the submitted 
rules, our final action will incorporate these rules into the federally 
enforceable SIP.

III. Incorporation by Reference

    In this rule the EPA is proposing to include in a final EPA rule 
regulatory text that includes incorporation by reference. In accordance 
with requirements of 1 CFR 51.5, the EPA is proposing to incorporate by 
reference the ADEQ rules described in Table 1 of this preamble. The EPA 
has made, and will continue to make, these materials 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).

IV. 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 
proposed action merely proposes to approve state law as meeting federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For that reason, this proposed 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 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, the rule does not have tribal implications and will not 
impose substantial direct costs on tribal governments or preempt tribal 
law as specified by Executive Order 13175 (65 FR 67249, November 9, 
2000).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Lead, Reporting and 
recordkeeping requirements, Sulfur dioxide.

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

    Dated: March 19, 2018.
Alexis Strauss,
Acting Regional Administrator, Region IX.
[FR Doc. 2018-06548 Filed 3-29-18; 8:45 am]
 BILLING CODE 6560-50-P