Je veux savoir à propos de…

jbell on DSKJLSW7X2PROD with RULES

31930

Federal Register / Vol. 86, No. 114 / Wednesday, June 16, 2021 / Rules and Regulations
II. Public Comments and EPA
Responses The EPAs proposal provided for a 30day public comment period. We received one set of comments from Arizona Center for Law in the Public Interest and the Center for Biological Diversity the commenters. Below, we summarize the comments received and provide our responses. The full text of the comments is available in the docket for this action.
Comment: The commenters state that the ADEQs minor NSR program is inadequate because it does not regulate ammonia and volatile organic compounds VOCs as PM2.5 precursors.
The commenters argue that the EPAs approval of the 2020 Minor NSR
submittal will interfere with attainment of the PM2.5 National Ambient Air Qualtiy Standard NAAQS in areas under the ADEQs jurisdiction that are designated nonattainment for PM2.5. The commenters argue that this also means that the submittal does not comply with CAA section 110l and Appendix V to 40 CFR part 51. Further, the commenters argue that the 2020 Minor NSR submittal is insufficient because it does not include a modeling demonstration that the regulation of VOCs or ammonia is unnecessary to ensure protection of the PM2.5 NAAQS.
Response: As an initial matter, we note that the commenters argument that the ADEQs minor NSR program must regulate VOCs and ammonia as precursors to PM2.5 in PM2.5
nonattainment areas where the ADEQ
has jurisdiction does not address the specific revisions to the ADEQs minor NSR program that are the focus of the EPAs current action. As explained in section I of this SUPPLEMENTARY
INFORMATION section, the EPA previously undertook an extensive review of the ADEQs NSR program minor NSR, PSD, and NNSR in 2015 to ensure that the program met all Clean Air Act requirements. In our 2015 NSR action, we found that the ADEQs updated program largely met Clean Air Act requirements, but we identified a number of specific deficiencies in our final action that needed to be corrected in order for ADEQ to gain full approval from the EPA. Most of the identified deficiencies were corrected and submitted to the EPA for approval in 2017 and were approved in our 2018
Major NSR action. We are currently acting on the ADEQs 201920 NSR
submittals that correct the remaining deficiencies that we identified as the bases for our final limited disapproval in our 2015 NSR action and that formed the basis for the conditional approval in
VerDate Sep<11>2014

15:52 Jun 15, 2021

Jkt 253001

our 2018 Major NSR action. The EPA
found in our 2015 NSR action that the ADEQs minor NSR program met all the requirements for a minor NSR program in CAA section 110a2C and 40 CFR
51.16051.164 with the exception of specific deficiencies that the ADEQ is now addressing with the 2020 Minor NSR submittal. In light of the recent and extensive review and approval by the EPA of the ADEQs NSR program, we find that the commenters concerns regarding PM2.5 precursors in the ADEQs minor NSR program are not germane to the deficiencies with the ADEQs minor NSR program that we identified previously and that we are addressing in this action. Nevertheless, we will explain why we disagree with the commenters that the ADEQs minor NSR program must regulate VOCs and ammonia as precursors to PM2.5 in the areas where the ADEQ has permitting jurisdiction, and why we disagree that the EPAs approval of these revisions to the ADEQs SIP-approved minor NSR
program is inconsistent with CAA
section 110l and Appendix V to 40
CFR part 51.
The commenters are concerned that this action will interfere with attainment of the PM2.5 NAAQS in designated PM2.5 nonattainment areas under the ADEQs permitting jurisdiction because the ADEQs minor NSR program and the 2020 Minor NSR
submittal do not specifically regulate ammonia and VOC as precursors to PM2.5 in the ADEQs minor NSR
program.12 As a result, the commenters conclude, the 2020 Minor NSR
submittal does not meet CAA section 110l and section 2.2d of Appendix V
to 40 CFR part 51. To support their concerns, the commenters point generally to examples of operations that can emit ammonia and VOC, and imply that the method to demonstrate that this action complies with CAA section 110l and section 2.2d of Appendix V to 40
CFR part 51 is through a modeling demonstration that they assert is required by section 2.2e of Appendix V to 40 CFR part 51.
To evaluate the commenters concerns, it is important to understand the requirements in the Act governing how permitting authorities must address precursors in NSR programs for nonattainment areas. Part D of title I of the Act contains specific requirements for the development of an NNSR
program for major sources and major modifications in nonattainment areas.
12 The ADEQs SIP-approved minor NSR program expressly regulates oxides of nitrogen NOX and sulfur dioxide SO2 as PM2.5 precursors at R182
101123.

PO 00000

Frm 00026

Fmt 4700

Sfmt 4700

Among other requirements, in a PM2.5
nonattainment area, the NNSR program must apply to major sources of direct PM2.5 emissions and to major sources of PM2.5 precursors, unless the EPA
determines that such precursor sources do not contribute significantly to PM2.5
levels that exceed the standard in the nonattainment area. See CAA section 189e. For purposes of the NNSR
program, the EPA has identified NOX, SO2, VOCs, and ammonia as precursors to PM2.5. See 40 CFR
51.165a1xxxviiC2. Our proposed action explained that we have determined that the ADEQs NNSR
program for PM2.5 fully satisfies CAA
section 189e, and the commenters do not dispute this. The requirements of CAA section 189e do not, however, apply to NSR permitting under the minor NSR program.
The Acts requirements for minor NSR
programs are far less prescriptive in general than those applicable for NSR
programs regulating proposed new major sources and major modifications.
CAA section 1102aC, which governs minor NSR programs, requires the regulation of the modification and construction of any stationary source within the areas covered by the plan as necessary to assure that national ambient air quality standards are achieved. emphasis added The EPAs implementing regulations for minor NSR programs require that such programs include legally enforceable procedures that enable the state to determine whether the construction or modification of sources will result in a violation of applicable portions of the control strategy or interference with attainment or maintenance of the NAAQS, and, if so, to prevent such construction or modification. See 40
CFR 51.160ab. States are not required to regulate the construction of all new or modified stationary sources under their minor NSR programs; rather, the procedures must identify the types and sizes of sources regulated under the states minor NSR program, and the states plan must discuss the basis for determining which sources will be subject to review. 40 CFR 51.160e.13
Thus, the Act provides considerable discretion for permitting authorities to develop minor NSR programs determined necessary to assure the NAAQS are achieved in their respective geographic areas. Consistent with CAA
section 110a2C and the implementing regulations governing minor NSR programs at 40 CFR 51.160
13 The EPAs implementing regulations also include other largely procedural requirements for minor NSR programs at 40 CFR 51.16051.164.

E:FRFM16JNR1.SGM

16JNR1