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Federal Register / Vol. 86, No. 40 / Wednesday, March 3, 2021 / Proposed Rules
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
EPAR09OAR20200735; FRL10020
57Region 9

Air Plan Approval; Arizona; Miami Copper Smelter Sulfur Dioxide Control Measures Environmental Protection Agency EPA.
ACTION: Proposed rule.
AGENCY:

The Environmental Protection Agency EPA is proposing to approve revisions to the Arizona State Implementation Plan SIP. These revisions concern emissions of sulfur dioxide SO2 from the copper smelter in Miami, Arizona. We are proposing to approve the rescission of two Arizona Department of Environmental Quality ADEQ Arizona Administrative Code A.A.C. provisions from the Arizona SIP that are no longer needed to regulate this emission source under the Clean Air Act CAA or the Act. We are taking comments on this proposal and plan to follow with a final action.
DATES: Comments must be received on or before April 2, 2021.
ADDRESSES: Submit your comments, identified by Docket ID No. EPAR09
OAR20200735 at https
www.regulations.gov. For comments SUMMARY:

submitted at Regulations.gov, follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. The EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information CBI
or other information whose disclosure is restricted by statute. Multimedia submissions audio, video, etc. must be accompanied by a written comment.
The written comment is considered the official comment and should include discussion of all points you wish to make. The EPA will generally not consider comments or comment contents located outside of the primary submission i.e., on the web, cloud, or other file sharing system. For additional submission methods, please contact the person identified in the FOR
FURTHER INFORMATION CONTACT section.
For the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit https www.epa.gov/dockets/
commenting-epa-dockets. If you need assistance in a language other than English or if you are a person with disabilities who needs a reasonable accommodation at no cost to you, please contact the person identified in the FOR
FURTHER INFORMATION CONTACT section.

FOR FURTHER INFORMATION CONTACT:

Kevin Gong, EPA Region IX, 75
Hawthorne St., San Francisco, CA
94105. By phone: 415 9723073 or by email at gong.kevin@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, we, us and our refer to the EPA.

Table of Contents I. The States Submittal A. Of what rule provisions did the State request rescission?
B. What was the purpose of the SIPapproved rule provisions, and what is the purpose of the States rescission request?
II. The EPAs Evaluation and Action A. How is the EPA evaluating the request for rescission?
B. Does the rule rescission meet the evaluation criteria?
C. Public Comment and Proposed Action III. Incorporation by Reference IV. Statutory and Executive Order Reviews
I. The States Submittal A. Of what rule provisions did the State request rescission?
Table 1 lists the rule provisions addressed by this proposal with the dates that they were adopted, submitted, and approved. On March 10, 2020, ADEQ submitted a formal request to the EPA requesting that the EPA rescind these provisions from the SIP.1

TABLE 1RULE FOR WHICH RESCISSION FROM THE SIP IS REQUESTED
Local agency
Citation
ADEQ

A.A.C. R182715F2
and H.

On September 10, 2020 the submittal for the rescission of A.A.C. R182
715F2 and H 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.

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B. What was the purpose of the SIPapproved rule provisions, and what is the purpose of the States rescission request?
ADEQ adopted A.A.C. R182
715F2 and H in order to establish source-specific SO2 emissions limits for the copper smelter located in Miami, Arizona Miami Smelter. ADEQ also adopted compliance and monitoring 1 Letter from Daniel Czecholinski, Director, Air Quality Division, ADEQ, to John Busterud, Regional Administrator, EPA Region IX, RE: Miami SO2
Nonattainment Area State Implementation Plan
VerDate Sep<11>2014

16:34 Mar 02, 2021

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Rule title
Adopted
Standards of Performance for Existing Primary Copper Smelters; Site-specific Requirements.

March 7, 2009

SIP approval date September 23, 2014.

provisions for these limits in A.A.C.
R182715.01. These provisions were necessary to provide for attainment of the 1971 National Ambient Air Quality Standard NAAQS, for which the Miami area was designated nonattainment in 1978.2 The State of Arizona submitted regulations to the EPA in 1979 and 1980 to reduce emissions from criteria pollutant sources in Miami and across the state.
The EPA approved these measures on January 14, 1983, but found that further analysis and control of smelter fugitive emissions was needed.3 The Miami smelter operators submitted fugitive emissions studies in the 1990s to better estimate fugitive emissions during
typical operation to eventually determine maximum emissions. This analysis resulted in the implementation of further control measures and emission limits at the Miami Smelter to provide for attainment of the 1971 SO2
NAAQS. On November 1, 2004, the EPA
approved rules R182715 sections F, G, and H, R182715.01 and R182
715.02, which codified these new requirements.4 In 2007, the EPA

Revision undated; received by EPA on March 10, 2020.
2 The Miami SO NAA nonattainment area 2
initially included all of Gila County 43 FR 8968, March 3, 1978, but its boundaries were later
revised to include only the nine townships in and around Miami 44 FR 21261, April 10, 1979.
3 48 FR 1717. These provisions were codified within A.A.C. R93515, which was the predecessor to A.A.C. R182715.

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