[Federal Register Volume 83, Number 220 (Wednesday, November 14, 2018)]
[Rules and Regulations]
[Pages 56736-56739]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-24743]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2017-0661; FRL-9986-32-Region 9]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action 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 approving 
local rules that regulate these emission sources under the Clean Air 
Act (CAA or the Act).

DATES: This rule will be effective on December 14, 2018.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R09-OAR-2017-0661. 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.

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. 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 30, 2018 (83 FR 13716), the EPA proposed to approve the 
following rules into the Arizona SIP.\1\
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    \1\ In addition to the rules addressed in this action, 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.

[[Page 56737]]



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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 from  On the later of the                 4/6/2017
                                       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 for  5/7/2017....................        4/6/2017
                                       Existing Primary Copper
                                       Smelters; Fugitive
                                       Emissions.
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    We proposed to approve these rules because we determined that they 
comply with the relevant CAA requirements. Our proposed action contains 
more information on the rules and our evaluation.

II. Public Comments and EPA Responses

    The EPA's notice of proposed rulemaking provided a 30-day public 
comment period. During this period, we received 15 comments. Nine of 
these comments address issues not related to the subject of this 
rulemaking, including: Environmental quality issues in Asia, climate 
change policy, and other federal requirements not related to 
SO2 or lead pollution in Arizona. Six comments are germane 
to this rulemaking, and are supportive of the EPA's proposal to approve 
these regulations. One of these commenters raised a concern about the 
State and the EPA's statement that controlling emissions from the 
1,000-foot stack would result in improved air quality at the ground 
level monitors at Hillcrest and Globe Highway in the Hayden Area. This 
commenter also suggested that the EPA should pay additional attention 
to fugitive lead emissions that may result from other smelter 
processes, including furnace dust and from residue from converter bed 
cleaning. We thank the commenter for the questions and suggestion and 
address the issues raised below.
    The Arizona Department of Environmental Quality (ADEQ) and the EPA 
believe that the prime contributors to lead nonattainment are fugitive 
emissions from smelter operations and leaded dust surrounding the 
smelter. Rule R18-2-B1301.01, approved into the Arizona SIP in 83 FR 
7614, addresses leaded dust control measures for non-smelting process 
sources, which includes sources such as the bedding plant and reverts 
piles. Dust and material generated from smelter process sources, such 
as furnace and converter dust, are collected and deposited in these 
non-smelting process sources for disposal or reintroduction into the 
smelter process. Rule R18-2-B1301 addresses fugitive emissions from 
smelter operations by establishing operational standards for process 
equipment and control devices, requirements for the process gas capture 
system and control devices operations and maintenance plan (O&M plan), 
performance testing and compliance demonstration requirements, and 
recordkeeping and reporting requirements. However, Rule R18-2-B1301 
does not include a numeric fugitive lead emissions limit. The EPA 
recognized this issue during the rule development process and requested 
that ADEQ provide supplementary analysis to address this concern. ADEQ 
responded on October 11, 2018, stating that continuous monitoring of 
fugitive lead emissions is technically infeasible, and that parametric 
monitoring of capture and control device efficiency (which would 
minimize uncontrolled fugitive emissions, and increase the volume of 
process gas directed to control devices and ultimately the 1,000-foot 
stack) was a suitable proxy for a numeric fugitive lead limit. ADEQ 
also reiterated that the fugitive emissions analyses required by 
Appendix 14 would be used to validate this approach.\2\ The EPA 
generally agrees with this reasoning.
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    \2\ Letter from Timothy S. Franquist, Director, Air Quality 
Division, Arizona Department of Environmental Quality, to Michael 
Stoker, Regional Administrator, U.S. Environmental Protection 
Agency, Region 9, ``Re: Justification and Clarification on Arizona 
Administrative Code R18-2-B1301, Limits on Lead Emissions from the 
Hayden Smelter,'' dated October 11, 2018.
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    The EPA also requested that ADEQ address an issue regarding the 
allowance for alternative sampling points for SO2 at the 
Miami Smelter. Specifically, we requested that ADEQ eliminate a 
provision that allowed for the owner or operator of the Miami Smelter 
to petition for an alternative sampling point if the current locations 
proved infeasible. Such flexibility might have been necessary at the 
time of rule development, as capture and control upgrades were still 
being installed; however, now that the upgrades are complete, we do not 
believe this flexibility is still necessary. ADEQ agreed to withdraw 
subsection (E)(6) of Rule R18-2-C1302 allowing for alternative sampling 
point since none are needed at the Miami Smelter.\3\
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    \3\ Letter from Timothy S. Franquist, Director, Air Quality 
Division, Arizona Department of Environmental Quality, to Michael 
Stoker, Regional Administrator, U.S. Environmental Protection 
Agency, Region 9, ``Re: Request to Withdraw from EPA Consideration, 
Arizona Administrative Code R18-2-C1302, Subsection (E)(6),'' dated 
August 27, 2018.
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    The comments and additional analysis from ADEQ have been added to 
the docket for this action and are accessible at https://www.regulations.gov/docket?D=EPA-R09-OAR-2017-0661.

III. EPA Action

    No comments were submitted that change our assessment of the rules 
as described in our proposed action. Therefore, as authorized in 
section 110(k)(3) of the Act, the EPA is approving these rules into the 
Arizona SIP, with the exception of subsection (E)(6) in Rule R18-2-
C1302, which was withdrawn by ADEQ. The EPA is also approving Appendix 
14 and revised R18-2-715.02.

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 incorporation by reference of the ADEQ 
rules 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

[[Page 56738]]

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 in the next update to the SIP compilation.\4\
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    \4\ 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 CAA. 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 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. Section 804, however, exempts from section 801 the 
following types of rules: Rules of particular applicability; rules 
relating to agency management or personnel; and rules of agency 
organization, procedure, or practice that do not substantially affect 
the rights or obligations of non-agency parties. 5 U.S.C. 804(3). 
Because this is a rule of particular applicability, the EPA is not 
required to submit a rule report regarding this action under section 
801.
    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 January 14, 2019. 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, Reporting and 
recordkeeping requirements, Sulfur oxides.

    Dated: October 30, 2018.
Michael Stoker,
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, table 2 in paragraph (c) is amended by:
0
a. Revising the entry ``R18-2-715.02'';
0
b. Adding the entry ``R18-2-B1301'' after the subheading ``Article 13 
(State Implementation Plan Rules for Specific Locations)''; and
0
c. Adding the entries ``R18-2-C1302, excluding subsection (E)(6)'' and 
``Appendix 14'' after the entry ``R18-2-B1301.01''.
    The revision and additions read as follows:


Sec.  52.120   Identification of plan.

* * * * *
    (c) * * *

                                    Table 2--EPA-Approved Arizona Regulations
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                                                             State                               Additional
        State citation               Title/subject      effective date  EPA approval date       explanation
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                                                  * * * * * * *
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                          Article 7 (Existing Stationary Source Performance Standards)
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[[Page 56739]]

 
                                                  * * * * * * *
R18-2-715.02..................  Standards of                  5/7/2017  11/14/2018,        Submitted by the
                                 Performance for                         [insert Federal    Governor's designee
                                 Existing Primary                        Register           on April 6, 2017.
                                 Copper Smelters;                        citation].
                                 Fugitive Emissions.
 
                                                  * * * * * * *
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                       Article 13 (State Implementation Plan Rules for Specific Locations)
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R18-2-B1301...................  Limits on Lead                7/1/2018  11/14/2018,        Submitted by the
                                 Emissions from the                      [insert Federal    Governor's designee
                                 Hayden Smelter.                         Register           on April 6, 2017.
                                                                         citation].
 
                                                  * * * * * * *
R18-2-C1302, excluding          Limits on SO2               12/14/2018  11/14/2018,        Submitted by the
 subsection (E)(6).              Emissions from the                      [insert Federal    Governor's designee
                                 Miami Smelter.                          Register           on April 6, 2017.
                                                                         citation].         Subsection (E)(6)
                                                                                            was withdrawn by the
                                                                                            Arizona Department
                                                                                            of Environmental
                                                                                            Quality.
Appendix 14...................  Procedures for Sulfur         5/7/2017  11/14/2018,        Submitted by the
                                 Dioxide and Lead                        [insert Federal    Governor's designee
                                 Fugitive Emissions                      Register           on April 6, 2017.
                                 Studies for the                         citation].
                                 Hayden Smelter.
 
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[FR Doc. 2018-24743 Filed 11-13-18; 8:45 am]
 BILLING CODE 6560-50-P


