[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: <a href="/cdn-cgi/l/email-protection#681b1c0d0b030d044609060c1a0d1f280d1809460f071e"><span class="__cf_email__" data-cfemail="bbc8cfded8d0ded795dad5dfc9deccfbdecbda95dcd4cd">[email protected]</span></a>.
    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, <a href="/cdn-cgi/l/email-protection#e4948196819eca8d8085888d85a4819485ca838b92"><span class="__cf_email__" data-cfemail="ff8f9a8d9a85d1969b9e93969ebf9a8f9ed1989089">[email protected]</span></a>.

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
----------------------------------------------------------------------------------------------------------------
           Local agency             Rule <greek-i>           Rule title               Adopted        Submitted
----------------------------------------------------------------------------------------------------------------
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.
----------------------------------------------------------------------------------------------------------------

    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?

    NO<INF>X</INF> 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 
NO<INF>X</INF> and PM emissions. Rule 322 regulates emissions of 
NO<INF>X</INF>, PM, oxides of sulfur (SO<INF>X</INF>) 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 NO<INF>X</INF>, PM, SO<INF>X</INF> 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 NO<INF>X</INF>, PM, SO<INF>X</INF>, 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 NO<INF>X</INF>, 
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

[[Page 52695]]

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--NO<INF>X</INF> 
Emissions from Industrial/Commercial/Institutional (ICI) Boilers'' EPA 
453/R-94-022 (March 1994)
    9. ``Alternative Control Techniques Document--NO<INF>X</INF> 
Emissions from Utility Boilers'' EPA 452/R-93-008 (March 1994).
    10. ``Alternative Control Techniques Document--NO<INF>X</INF> 
Emissions from Stationary Gas Turbines'' EPA 453/R-94-023 (January 
1993).
    11. ``Alternative Control Techniques Document--NO<INF>X</INF> 
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:
    <bullet> 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);
    <bullet> Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
    <bullet> 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.);
    <bullet> 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);
    <bullet> Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
    <bullet> Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
    <bullet> Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
    <bullet> 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
    <bullet> 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

[[Page 52696]]

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

0
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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