[Federal Register Volume 86, Number 88 (Monday, May 10, 2021)]
[Rules and Regulations]
[Pages 24726-24728]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-09634]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2020-0735; FRL-10022-52-Region 9]


Air Plan Approval; Arizona; Miami Copper Smelter Sulfur Dioxide 
Control Measures

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 State Implementation Plan 
(SIP). This revision concerns emissions of sulfur dioxide 
(SO2) from the copper smelter in Miami, Arizona. We are 
approving the rescission of two Arizona Department of Environmental 
Quality (ADEQ) Arizona Administrative Code (A.A.C.) provisions from the 
Arizona SIP that are no longer needed to regulate this emission source 
under the Clean Air Act (CAA or the ``Act'').

DATES: This rule is effective on June 9, 2021.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R09-OAR-2020-0735. All documents in the docket are 
listed on the https://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 https://www.regulations.gov, or please 
contact the person identified in the FOR FURTHER INFORMATION CONTACT 
section for additional availability information. If you need assistance 
in a language other than English or if you are a person with 
disabilities who needs a reasonable accommodation at no cost to you, 
please contact the person identified in the FOR FURTHER INFORMATION 
CONTACT section.

FOR FURTHER INFORMATION CONTACT: Kevin Gong, EPA Region IX, 75 
Hawthorne St., San Francisco, CA 94105. By phone: (415) 972-3073 or by 
email at [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 March 3, 2021 (86 FR 12310), the EPA proposed to approve the 
following revision into the Arizona SIP.

                          Table 1--Rule for Which Rescission From the SIP Is Requested
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    Local agency          Citation          Rule title               Adopted               SIP approval date
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ADEQ................  A.A.C. R18-2-    Standards of          March 7, 2009..........  September 23, 2014.
                       715(F)(2) and    Performance for
                       (H).             Existing Primary
                                        Copper Smelters;
                                        Site-specific
                                        Requirements.
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    We proposed to approve this revision because we determined that it 
complies with the relevant CAA requirements. Our proposed action 
contains more information on the revision and our evaluation.

II. Public Comments and EPA Responses

    The EPA's proposed action provided a 30-day public comment period. 
During

[[Page 24727]]

this period, we received one comment (with four duplicates) that were 
supportive of our action.

III. EPA Action

    No comments were submitted that change our assessment of the 
revision as described in our proposed action. Therefore, as authorized 
in section 110(k)(3) of the Act, the EPA is fully approving the 
rescission of A.A.C. R18-2-715, sections (F)(2) and (H) from the 
Arizona SIP.

IV. Incorporation by Reference

    In this rule, the EPA is amending regulatory text that includes 
incorporation by reference. The EPA is removing A.A.C. R18-2-715(F)(2) 
and (H), as described in Table 1 of this preamble, from the Arizona 
SIP, which is incorporated by reference in accordance with the 
requirements of 1 CFR part 51.

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 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);
     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, 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 preempt 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 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 July 9, 2021. 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, Reporting and recordkeeping 
requirements, Sulfur oxides.

    Dated: April 30, 2021.
Deborah Jordan,
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. In Sec.  52.120, amend table 2 in paragraph (c), under the heading 
``Article 7 (Existing Stationary Source Performance Standards),'' by 
removing the entry reading ``R18-2-715, sections F, G, and H'' and 
adding in its place the entry ``R18-2-715, section F, excluding (F)(2), 
and section G'' to read as follows:


Sec.  52.120  Identification of plan.

* * * * *
    (c) * * *

[[Page 24728]]



                                    Table 2--EPA-Approved Arizona Regulations
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                                                        State effective                           Additional
         State citation              Title/subject           date          EPA approval date      explanation
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                                                  * * * * * * *
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                          Article 7 (Existing Stationary Source Performance Standards)
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                                                  * * * * * * *
R18-2-715, section F, excluding   Standards of        March 7, 2009.....  September 23,       EPA approved the
 (F)(2), and section G.            Performance for                         2014, 79 FR         rescission of
                                   Existing Primary                        56655; May 10,      sections (F)(2)
                                   Copper Smelters:                        2021, [INSERT       and (H) on May
                                   Site-Specific                           Federal Register    10, 2021.
                                   Requirements.                           CITATION].
 
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[FR Doc. 2021-09634 Filed 5-7-21; 8:45 am]
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