[Federal Register Volume 74, Number 197 (Wednesday, October 14, 2009)]
[Rules and Regulations]
[Pages 52693-52696]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-24549]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2009-0339; FRL-8947-2]
Revisions to the Arizona State Implementation Plan, Maricopa
County Air Quality Department
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is taking direct final action to approve revisions to the
Maricopa County Air Quality Department (MCAQD) portion of the Arizona
State Implementation Plan (SIP). These revisions concern particulate
matter (PM) emissions and precursors from steam generating units,
cogeneration units, stationary gas turbines, process heaters and
internal combustion engines. We are approving local rules that regulate
these emission sources under the Clean Air Act as amended in 1990 (CAA
or the Act).
DATES: This rule is effective on December 14, 2009 without further
[[Page 52694]]
notice, unless EPA receives adverse comments by November 13, 2009. If
we receive such comments, we will publish a timely withdrawal in the
Federal Register to notify the public that this direct final rule will
not take effect.
ADDRESSES: Submit comments, identified by docket number [EPA-R09-OAR-
2009-0339], by one of the following methods:
1. Federal eRulemaking Portal: http://www.regulations.gov. Follow
the online instructions.
2. E-mail: [email protected].
3. Mail or deliver: Andrew Steckel (Air-4), U.S. Environmental
Protection Agency Region IX, 75 Hawthorne Street, San Francisco, CA
94105-3901.
Instructions: All comments will be included in the public docket
without change and may be made available online at http://www.regulations.gov, including any personal information provided,
unless the comment includes Confidential Business Information (CBI) or
other information whose disclosure is restricted by statute.
Information that you consider CBI or otherwise protected should be
clearly identified as such and should not be submitted through http://www.regulations.gov or e-mail. http://www.regulations.gov is an
``anonymous access'' system, and EPA will not know your identity or
contact information unless you provide it in the body of your comment.
If you send e-mail directly to EPA, your e-mail address will be
automatically captured and included as part of the public comment. If
EPA cannot read your comment due to technical difficulties and cannot
contact you for clarification, EPA may not be able to consider your
comment. Electronic files should avoid the use of special characters,
any form of encryption, and be free of any defects or viruses.
Docket: The index to the docket for this action is available
electronically at http://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., 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: Idalia Perez, EPA Region IX, (415)
972-3248, [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to 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?
II. EPA's Evaluation and Action
A. How is EPA evaluating the rules?
B. Do the rules meet the evaluation criteria?
C. EPA Recommendations to Further Improve the Rules
D. Public Comment and Final Action
III. Statutory and Executive Order Reviews
I. The State's Submittal
A. What rules did the State submit?
Table 1 lists the rules we are approving with the dates that they
were adopted by the local air agency and submitted by the Arizona
Department of Environmental Quality (ADEQ).
Table 1--Submitted Rules
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Local agency Rule Rule title Adopted Submitted
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MCAQD............................. 322 Power Plant Operations...... 10/17/07 01/09/08
MCAQD............................. 323 Fuel Burning Equipment from 10/17/07 01/09/08
Industrial/Commercial/
Institutional (ICI) Sources.
MCAQD............................. 324 Stationary Internal 10/17/07 01/09/08
Combustion (IC) Engines.
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On July 9, 2008, these rule submittals were found to meet the
completeness criteria in 40 CFR Part 51, Appendix V by operation of
law, which must be met before formal EPA review.
B. Are there other versions of these rules?
There are no previous versions of Rule 322, 323 and 324 in the SIP.
C. What is the purpose of the submitted rules?
NOX helps produce ground-level ozone, smog and
particulate matter, which harm human health and the environment. PM
contributes to effects that are harmful to human health and the
environment, including premature mortality, aggravation of respiratory
and cardiovascular disease, decreased lung function, visibility
impairment, and damage to vegetation and ecosystems. Section 110(a) of
the CAA requires States to submit regulations that control
NOX and PM emissions. Rule 322 regulates emissions of
NOX, PM, oxides of sulfur (SOX) and carbon
monoxide (CO) from fossil-fuel-fired equipment and cooling towers at
power plants and cogeneration plants for which construction started
before May 10, 1996. This rule applies to steam generating units with
heat input greater or equal than 100 MM Btu/hour (29 MW), stationary
gas turbines with a peak heat input equal to or greater than 10 MM Btu/
hour (2.9 MW) and cooling towers associated with these units. Rule 323
regulates emissions of NOX, PM, SOX and CO from
fuel burning combustion equipment at industrial, commercial and/or
institutional sources. Rule 323 applies to steam generating units with
heat input greater than 10 MM Btu/hour, stationary gas turbines with a
peak heat input equal to or greater than 2.9 MW and indirect-fired
process heaters with a heat input greater than 10 MM Btu/hour. Rule 324
regulates emissions of NOX, PM, SOX, CO and
volatile organic compounds (VOCs) from stationary IC engines. This Rule
applies to new or existing stationary spark or compression-ignited IC
engines with a rating greater than 250 brake horsepower (bhp). This
rule also applies to a combination of engines rated more than 50 bhp
used at a single source whose maximum aggregated rating is more than
250 bhp. All three rules limit PM emissions by ensuring good combustion
practices, limiting sulfur in the fuel and controlling NOX,
a PM-10 precursor. EPA's technical support document (TSD) has more
information about these rules.
II. EPA's Evaluation and Action
A. How is EPA evaluating the rules?
Generally, SIP rules must be enforceable (see section 110(a) of the
Act) and must not relax existing requirements (see sections 110(l) and
193). In addition, SIP rules must implement Reasonably Available
Control Measures (RACM), including Reasonably Available Control
Technology (RACT), in moderate PM nonattainment areas, and Best
Available Control Measures (BACM), including
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Best Available Control Technology (BACT), in serious PM nonattainment
areas (see CAA sections 189(a)(1) and 189(b)(1)). The MCAQD regulates a
PM nonattainment area classified as serious (see 40 CFR part 81), so
Rules 322, 323 and 324 must implement BACM/BACT.
Guidance and policy documents that we use to help evaluate specific
enforceability and RACM/RACT or BACM/BACT requirements consistently
include the following:
1. Portions of the proposed post-1987 ozone and carbon monoxide
policy that concern RACT, 52 FR 45044, November 24, 1987.
2. ``Issues Relating to VOC Regulation Cutpoints, Deficiencies, and
Deviations; Clarification to Appendix D of November 24, 1987 Federal
Register Notice,'' (Blue Book), notice of availability published in the
May 25, 1988 Federal Register.
3. ``Guidance Document for Correcting Common VOC & Other Rule
Deficiencies,'' EPA Region 9, August 21, 2001 (the Little Bluebook).
4. ``State Implementation Plans; General Preamble for the
Implementation of Title I of the Clean Air Act Amendments of 1990,'' 57
FR 13498 (April 16, 1992); 57 FR 18070 (April 28, 1992).
5. ``State Implementation Plans for Serious PM-10 Nonattainment
Areas, and Attainment Date Waivers for PM-10 Nonattainment Areas
Generally; Addendum to the General Preamble for the Implementation of
Title I of the Clean Air Act Amendments of 1990,'' 59 FR 41998 (August
16, 1994).
6. ``PM-10 Guideline Document,'' EPA 452/R-93-008, April 1993.
7. ``Determination of Reasonably Available Control Technology and
Best Available Retrofit Control Technology for Industrial,
Institutional, and Commercial Boilers, Steam Generators, and Process
Heaters'' California Air Resources Board (July 18, 1991).
8. ``Alternative Control Techniques Document--NOX
Emissions from Industrial/Commercial/Institutional (ICI) Boilers'' EPA
453/R-94-022 (March 1994)
9. ``Alternative Control Techniques Document--NOX
Emissions from Utility Boilers'' EPA 452/R-93-008 (March 1994).
10. ``Alternative Control Techniques Document--NOX
Emissions from Stationary Gas Turbines'' EPA 453/R-94-023 (January
1993).
11. ``Alternative Control Techniques Document--NOX
Emissions from Stationary Reciprocating Internal Combustion Engines''
EPA 453/R-93-032 (July 1993).
12. ``Determination of Reasonably Available Control Technology and
Best Available Retrofit Control Technology for Stationary Spark-Ignited
Internal Combustion Engines'' California Air Resources Board (November
2001).
B. Do the rules meet the evaluation criteria?
We believe these rules are consistent with the relevant policy and
guidance regarding enforceability, BACM, and SIP relaxations. The TSD
has more information on our evaluation.
C. EPA Recommendations to Further Improve the Rules
The TSD describes additional rule revisions that do not affect
EPA's current action but are recommended for the next time the local
agency modifies the rules.
D. Public Comment and Final Action
As authorized in section 110(k)(3) of the Act, EPA is fully
approving the submitted rules because we believe they fulfill all
relevant requirements. We do not think anyone will object to this
approval, so we are finalizing it without proposing it in advance.
However, in the Proposed Rules section of this Federal Register, we are
simultaneously proposing approval of the same submitted rules. If we
receive adverse comments by November 13, 2009, we will publish a timely
withdrawal in the Federal Register to notify the public that the direct
final approval will not take effect and we will address the comments in
a subsequent final action based on the proposal. If we do not receive
timely adverse comments, the direct final approval will be effective
without further notice on December 14, 2009. This will incorporate
these rules into the federally enforceable SIP.
Please note that if EPA receives adverse comment on an amendment,
paragraph, or section of this rule and if that provision may be severed
from the remainder of the rule, EPA may adopt as final those provisions
of the rule that are not the subject of an adverse comment.
III. 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, 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 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 (Public Law 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 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, this rule does not have tribal implications as specified
by Executive Order 13175 (65 FR 67249, November 9, 2000), because the
SIP is not approved to apply in Indian country located in the state,
and EPA notes that it will not 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. EPA will submit a report containing this action and
other
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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 December 14, 2009. 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. Parties with objections to this direct final
rule are encouraged to file a comment in response to the parallel
notice of proposed rulemaking for this action published in the proposed
rules section of today's Federal Register, rather than file an
immediate petition for judicial review of this direct final rule, so
that EPA can withdraw this direct final rule and address the comment in
the proposed rulemaking. 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, Particulate
matter, Reporting and recordkeeping requirements.
Dated: July 10, 2009.
Jane Diamond,
Acting Regional Administrator, Region IX.
0
Part 52, Chapter I, Title 40 of the Code of Federal Regulations is
amended as follows:
PART 52--[AMENDED]
0
1. The authority citation for Part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart D--Arizona
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2. Section 52.120 is amended by adding and reserving paragraph (c)(141)
and by adding paragraph (c)(142) to read as follows:
Sec. 52.120 Identification of plan.
* * * * *
(c) * * *
(141) [Reserved]
(142) New and amended regulations were submitted on January 9,
2008, by the Governor's designee.
(i) Incorporation by reference.
(A) Maricopa County Air Quality Department.
(1) Rule 322, ``Power Plant Operations,'' adopted October 17, 2007.
(2) Rule 323, ``Fuel Burning Equipment from Industrial/Commercial/
Institutional (ICI) Sources,'' adopted October 17, 2007.
(3) Rule 324, ``Stationary Internal Combustion (IC) Engines,''
adopted October 17, 2007.
* * * * *
[FR Doc. E9-24549 Filed 10-13-09; 8:45 am]
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