57442 Federal Register / Vol. 79, No. 186 / Thursday, September 25, 2014 / Rules and Regulations 

to the discovery of a significant 

environmental impact from this rule. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 33 U.S.C. 1231; 46 U.S.C. 

Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 

33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; 

Pub. L. 107–295, 116 Stat. 2064; Department 

of Homeland Security Delegation No. 0170.1. 

■ 2. Add § 165.T01–0737 to read as 

follows: 

§ 165.T01–0737 Security Zone, East River; 

Wall Street Heliport, Manhattan, NY. 

(a) Location. Each of the three 

following areas is a temporary security 

zone: 

(1) All waters of the East River within 

the following boundaries; east of a line 

drawn between approximate position 

40°42′01′′ N, 074°00′39′′ W (east of The 

Battery) to 40°41′36′′ N, 074°00′52′′ W 

(point north of Governors Island) and 

north of a line drawn from the point 

north of Governors Island to the 

southwest corner of Pier 7 North, 

Brooklyn; and south of a line drawn 

between 40°42′14.8′′ N, 074°00′20.3′′ W 

(Wall Street, Manhattan), and the 

northwest corner of Pier 2 North, 

Brooklyn (NAD 1983). 

(2) All waters of the East River 

between the Hell Gate Rail Road Bridge 

(mile 8.2), and a line drawn from a point 

at approximate position 40°47′27.12′′ N, 

073°54′35.14′′ W (Lawrence Point, 

Queens) to a point at approximate 

position 40° 47′52.55′′ N, 073°54′35.25′′ 

W (Port Morris Stacks), and all waters 

of the Bronx Kill southeast of the Bronx 

Kill Rail Road Bridge (mile 0.6). 

(3) All waters of the East River north 

of a line drawn from approximate 

position 40°44′37′′ N, 073°58′16.5′′ W 

(the base of East 35th Street, 

Manhattan), to approximate position 

40°44′23′′ N, 073°57′44.5′′ W (Hunters 

Point, Long Island City), and south of 

the Queensboro Bridge (NAD 1983). 

(b) Definitions. For purposes of this 

section, ‘‘Designated on-scene 

representative’’ is any Coast Guard 

VTSNY (Vessel Traffic Service New 

York) watchstander or any 

commissioned, warrant, or petty officer 

who has been designated by the COTP 

to act on the COTP’s behalf. A 

designated on-scene representative may 

be on a Coast Guard vessel, or onboard 

a federal, state, or local agency vessel 

that is authorized to act in support of 

the Coast Guard. ‘‘Dignitary’’ means the 

President or Vice President of the 

United States, or visiting heads of 

foreign states or governments. 

(c) Effective and enforcement period. 

This section is effective and will be 

subject to enforcement from 6:00 a.m. 

on September 17, 2014 until 8:00 p.m. 

on September 29, 2014. 

(d) Regulations. In accordance with 

the general regulations in 33 CFR 

165.33, no person or vessel may enter or 

move within the security zone created 

by this section unless granted 

permission to do so by the COTP or a 

designated on-scene representative. 

Entry, transit, or anchoring within the 

security zone described in paragraph (a) 

of this section is prohibited unless 

authorized by the COTP. 

(e) Notice. The COTP will provide 

notice of the establishment and 

enforcement of these security zones in 

accordance with 33 CFR 165.7. 

(f) Vessel operators given permission 

to enter or operate in a security zone 

must comply with all directions given to 

them by the COTP or a designated onscene representative. Those vessels may 

be required to anchor or moor up to a 

waterfront facility. 

(g) Vessel operators desiring to enter 

or operate within a security zone shall 

telephone the COTP at 718–354–4356 or 

a designated on-scene representative via 

VHF channel 16 to obtain permission to 

do so. 

(h) Penalties. Vessels or persons 

violating this rule are subject to the 

penalties set forth in 33 U.S.C. 1232 and 

50 U.S.C. 192. 

Dated: September 8, 2014. 

G. Loebl, 

Captain, U.S. Coast Guard, Captain of the 

Port New York. 

[FR Doc. 2014–22850 Filed 9–24–14; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2014–0512; FRL–9915–35– 

Region 9] 

Revisions to the California State 

Implementation Plan, South Coast Air 

Quality Management District 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking direct final 

action to approve revisions to the South 

Coast Air Quality Management District 

(SCAQMD) portion of the California 

State Implementation Plan (SIP). These 

revisions concern oxides of nitrogen 

(NOX) emissions from boilers, steam 

generators, and process heaters. We are 

approving local rules that regulate these 

emission sources under the Clean Air 

Act (CAA or the Act). 

DATES: This rule is effective on 

November 24, 2014 without further 

notice, unless EPA receives adverse 

comments by October 27, 2014. 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–2014–0512, by one of the 

following methods: 

1. Federal eRulemaking Portal: 

www.regulations.gov. Follow the on-line 

instructions. 

2. Email: steckel.andrew@epa.gov. 

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 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 

www.regulations.gov or email. 

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 email 

directly to EPA, your email 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: Generally, documents in the 

docket for this action are available 

electronically at www.regulations.gov 

and in hard copy at EPA Region IX, 75 

Hawthorne Street, San Francisco, 

California 94105–3901. While all 

documents in the docket are listed at 


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Federal Register / Vol. 79, No. 186 / Thursday, September 25, 2014 / Rules and Regulations 57443 

1EPA generally takes action on a RACM 

demonstration as part of our action on the State’s 

attainment demonstration for the relevant NAAQS, 

based on an evaluation of the control measures 

submitted as a whole and their overall potential to 

advance the applicable attainment date in the area. 

See, e.g., 76 FR 69928 (November 9, 2011) (final 

rule partially approving and partially disapproving 

PM2.5 attainment plan for South Coast). 

www.regulations.gov, some information 

may be publicly available only at the 

hard copy location (e.g., copyrighted 

material, large maps), 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: 

Nicole Law, EPA Region IX, (415) 947– 

4126, law.nicole@epa.gov. 

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 or 

rule revisions? 

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 California Air 

Resource Board (CARB). 

TABLE 1—SUBMITTED RULES

Local 

agency 

Rule 

No. Rule title Amended Submitted 

SCAQMD 1146 Emissions of Oxides of Nitrogen from Industrial, Institutional, and Commercial Boilers, Steam Generators, and Process Heaters.11/01/13 05/13/14 

SCAQMD 1146.1 Emissions of Oxides of Nitrogen from Small Industrial, Institutional, and Commercial 

Boilers, Steam Generators, and Process Heaters.

11/01/13 05/13/14 

On June 18, 2014, EPA determined 

that the submittal for SCAQMD Rules 

1146 and 1146.1 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? 

We approved earlier versions of Rule 

1146 and 1146.1 into the SIP on April 

8, 2002 (67 FR 16640) and September 6, 

1995 (60 FR 46220). The SCAQMD 

adopted revisions to the SIP-approved 

versions on September 5, 2008, CARB 

submitted them to us on July 20, 2010, 

and we proposed a simultaneous 

limited approval and limited 

disapproval of the two rules on July 8, 

2011 (76 FR 40303). The proposed 

rulemaking was never finalized; 

therefore the current rule versions in the 

SIP are those approved on April 8, 2002 

and September 6, 1995. SCAQMD has 

since revised their rules to address the 

deficiencies identified in our proposed 

limited approval/disapproval and CARB 

submitted the rule revisions to EPA on 

May 13, 2014. 

C. What is the purpose of the submitted 

rule revisions? 

NOX helps produce ground-level 

ozone, smog and particulate matter, 

which harm human health and the 

environment. Section 110(a) of the CAA 

requires States to submit regulations 

that control NOX emissions. Rule 1146 

limits NOX and carbon monoxide (CO) 

emissions from boilers, steam 

generators, and process heaters with a 

total rated heat input larger than 5 

MMBtu/hour. Rule 1146.1 limits NOX

and CO from boilers, steam generators, 

and process heaters with a total rated 

heat input larger than 2 MMBtu/hour. 

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), must require Reasonably Available 

Control Technology (RACT) for each 

category of sources covered by a Control 

Techniques Guidelines (CTG) document 

as well as each NOX or VOC major 

source in ozone nonattainment areas 

classified as moderate or above (see 

sections 182(b)(2) and 182(f)), and must 

not relax existing requirements (see 

sections 110(l) and 193). The SCAQMD 

regulates an ozone nonattainment area 

classified as extreme for the 8-hour 

ozone NAAQS (see 40 CFR Part 81.305), 

so RACT is required for the area. 

Guidance and policy documents that 

we use to evaluate enforceability and 

RACT requirements consistently 

include the following: 

1. ‘‘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). 

2. ‘‘State Implementation Plans; 

Nitrogen Oxides Supplement to the 

General Preamble; Clean Air Act 

Amendments of 1990 Implementation of 

Title I; Proposed Rule,’’ (the NOX

Supplement), 57 FR 55620, November 

25, 1992. 

3. ‘‘Issues Relating to VOC Regulation 

Cutpoints, Deficiencies, and 

Deviations,’’ EPA, May 25, 1988 (the 

Bluebook). 

4. ‘‘Guidance Document for Correcting 

Common VOC & Other Rule 

Deficiencies,’’ EPA Region 9, August 21, 

2001 (the Little Bluebook). 

5. ‘‘NOX Emissions from Industrial/

Commercial/Institutional (ICI) Boilers,’’ 

EPA–453/R–94–022, March 1994. 

6. ‘‘Determination of Reasonably 

Available Control Technology and Best 

Available Retrofit Control Technology 

for Industrial, Institutional, and 

Commercial Boilers, Steam Generators, 

and Process Heaters,’’ CARB, July 18, 

1991. 

Section 172(c)(1) of the Act requires 

implementation of all reasonably 

available control measures (RACM) as 

expeditiously as practicable in 

nonattainment areas. Because the South 

Coast Air Basin area is designated 

nonattainment for the 1997 and 2006 

fine particulate matter (PM2.5) National 

Ambient Air Quality Standards 

(NAAQS) (see 40 CFR Part 81.305), the 

RACM requirement in CAA section 

172(c)(1) applies to this area.1

B. Do the rules meet the evaluation 

criteria? 

We believe these rules are consistent 

with the relevant policy and guidance 

regarding enforceability, RACT, RACM, 

and SIP relaxations. The TSD has more 

information on our evaluation. 


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57444 Federal Register / Vol. 79, No. 186 / Thursday, September 25, 2014 / Rules and Regulations 

C. EPA Recommendations To Further 

Improve the Rules 

The TSD describes additional rule 

revisions that we recommend 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 October 27, 2014, 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 November 24, 

2014. 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 (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 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, 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 

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 November 24, 

2014. 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, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Nitrogen 

dioxide, Ozone, Particulate matter, 

Reporting and recordkeeping 

requirements. 

Dated: July 25, 2014. 

Jared Blumenfeld, 

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 

■ 1. The authority citation for Part 52 

continues to read as follows: 

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

Subpart F—California 

■ 2. Section 52.220 is amended by 

adding paragraph (c)(441) to read as 

follows: 

§ 52.220 Identification of plan. 

* * * * * 

(c) * * * 

(441) New and amended regulations 

for the following APCDs were submitted 

on May 13, 2014 by the Governor’s 

Designee. 

(i) Incorporation by Reference. 

(A) South Coast Air Quality 

Management District. 

(1) Rule 1146, ‘‘Emissions of Oxides 

of Nitrogen from Industrial, 

Institutional, and Commercial Boilers, 

Steam Generators, and Process Heaters,’’ 

amended November 1, 2013. 

(2) Rule 1146.1, ‘‘Emissions of Oxides 

of Nitrogen from Small Industrial, 

Institutional, and Commercial Boilers, 


tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 79, No. 186 / Thursday, September 25, 2014 / Rules and Regulations 57445 

Steam Generators, and Process Heaters,’’ 

amended November 1, 2013. 

* * * * * 

[FR Doc. 2014–22482 Filed 9–24–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2013–0297; FRL–9912–69– 

Region 9] 

Revisions to the Arizona State 

Implementation Plan, Maricopa County 

Air Quality Department 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking direct final 

action to approve a revision to the 

Maricopa County Air Quality 

Department (MCAQD) portion of the 

Arizona State Implementation Plan 

(SIP). This revision concerns particulate 

matter (PM) emissions from 

incinerators, burn-off ovens and 

crematories. We are approving a local 

rule that regulates these emission 

sources under the Clean Air Act (CAA 

or the Act). 

DATES: This rule is effective on 

November 24, 2014 without further 

notice, unless EPA receives adverse 

comments by October 27, 2014. 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–2013–0297, by one of the 

following methods: 

1. Federal eRulemaking Portal: 

www.regulations.gov. Follow the on-line 

instructions. 

2. Email: steckel.andrew@epa.gov. 

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 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 

www.regulations.gov or email. 

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 email 

directly to EPA, your email 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: Generally, documents in the 

docket for this action are available 

electronically at www.regulations.gov 

and in hard copy at EPA Region IX, 75 

Hawthorne Street, San Francisco, 

California 94105–3901. While all 

documents in the docket are listed at 

www.regulations.gov, some information 

may be publicly available only at the 

hard copy location (e.g., copyrighted 

material, large maps), 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 Pe ́rez, EPA Region IX, (415) 972– 

3248, perez.idalia@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, ‘‘we,’’ ‘‘us,’’ 

and ‘‘our’’ refer to EPA. 

Table of Contents 

I. The State’s Submittal 

A. What rule did the State submit? 

B. Are there other versions of this rule? 

C. What is the purpose of the submitted 

rule? 

II. EPA’s Evaluation and Action 

A. How is EPA evaluating the rule? 

B. Does the rule meet the evaluation 

criteria? 

C. EPA Recommendations To Further 

Improve the Rule 

D. Public Comment and Final Action 

III. Statutory and Executive Order Reviews 

I. The State’s Submittal 

A. What rule did the State submit? 

Table 1 lists the rule we are approving 

with the dates that it was adopted by the 

local air agency and submitted by the 

Arizona Department of Environmental 

Quality (ADEQ). 

TABLE 1—SUBMITTED RULE

Local 

agency Rule No. Rule title Adopted Submitted 

MCAQD 313 Incinerators, Burn-Off Ovens and Crematories ..................................................................... 05/09/12 08/27/12 

On February 27, 2013, the submittal 

for MCAQD Rule 313 was deemed by 

operation of law to meet the 

completeness criteria in 40 CFR Part 51 

Appendix V, which must be met before 

formal EPA review. 

B. Are there other versions of this rule? 

The MCAQD adopted an earlier 

version of Rule 313 on July 13, 1988 and 

ADEQ submitted it to us on January 4, 

1990. EPA never took action on this 

version of the rule. While we can only 

act on the most recently submitted 

version, we have reviewed materials 

provided with previous submittals. 

C. What is the purpose of the submitted 

rule? 

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 

PM emissions. Rule 313 limits PM 

emissions from incinerators, burn-off 

ovens and crematories through a 

combination of emission standards and 

work practices. EPA’s technical support 

document (TSD) has more information 

about this rule. 

II. EPA’s Evaluation and Action 

A. How is EPA evaluating the rule? 

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, areas designated and 

classified as moderate nonattainment for 

PM–10 must implement Reasonably 

Available Control Measures (RACM), 

and areas designated and classified as 

serious nonattainment for PM–10 must 

implement Best Available Control 


tkelley on DSK3SPTVN1PROD with RULES