[Federal Register Volume 86, Number 42 (Friday, March 5, 2021)]
[Proposed Rules]
[Pages 12889-12892]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-04387]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR -2021-0134; FRL-10020-93-Region 9]


Air Plan Approval; Arizona; Pinal County Air Quality Control 
District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve revisions to the Pinal County Air Quality Control District 
(PCAQCD or District) portion of the Arizona State Implementation Plan 
(SIP). These revisions concern the District's negative declarations for 
the 2008 8-hour ozone National Ambient Air Quality Standards (NAAQS or 
``standards'') in the portion of the Phoenix-Mesa ozone nonattainment 
area under the jurisdiction of the PCAQCD and two volatile organic 
compound (VOC) rules covering gasoline dispensing and surface coating 
operations. We are proposing to approve local rules to regulate these 
emission sources 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 5, 2021.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2021-0134 at https://www.regulations.gov. For comments 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

[[Page 12890]]

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: Nicole Law, EPA Region IX, 75 
Hawthorne St., San Francisco, CA 94105. By phone: (415) 947-4216 or by 
email at [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and 
``our'' refer to the EPA.

Table of Contents

I. The State's Submittal
    A. What documents did the State submit?
    B. Are there other versions of these documents?
    C. What is the purpose of the submitted documents?
II. The EPA's Evaluation and Action
    A. How is the EPA evaluating the submitted documents?
    B. Do the documents meet the evaluation criteria?
    C. The EPA's Recommendations to Further Improve the Submitted 
Rules
    D. Public Comment and Proposed Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews

I. The State's Submittal

A. What documents did the State submit?

    Table 1 lists the documents addressed by this proposal with the 
dates that they were amended by the local air agency and submitted by 
the Arizona Department of Environmental Quality (ADEQ).

                      Table 1--Submitted Documents
------------------------------------------------------------------------
     Local agency          Rule title         Amended        Submitted
------------------------------------------------------------------------
PCAQCD................  Reasonably              8/5/2020       8/20/2020
                         Available
                         Control
                         Technology
                         (RACT)
                         Analysis,
                         Negative
                         Declaration and
                         Rules Adoption--
                         Appendix B:
                         Additional
                         Negative
                         Declarations.
PCAQCD................  Chapter 5,              8/5/2020       8/20/2020
                         Article 13
                         Surface Coating
                         Operations.
                        5-13-100,
                         ``General''.
                        5-13-200,
                         ``Definitions''.
                        5-13-300,
                         ``Standards''.
                        5-13-400,
                         ``Administrativ
                         e
                         Requirements''.
                        5-13-500,
                         ``Monitoring
                         and Records''.
PCAQCD................  Chapter 5,              8/5/2020       8/20/2020
                         Article 20
                         Storage and
                         Loading of
                         Gasoline at
                         Gasoline
                         Dispensing
                         Facilities.
                        5-20-100
                         ``General''.
                        5-20-200
                         ``Definitions''.
                        5-20-300
                         ``Standards''.
                        5-20-400
                         ``Administrativ
                         e
                         Requirements''.
                        5-20-500
                         ``Monitoring
                         and Records''.
------------------------------------------------------------------------

    On September 14, 2020, the EPA determined that the submittal for 
PCAQCD's negative declarations and two rules 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 documents?

    We approved earlier versions of the two rules, Article 13 Surface 
Coating Operations and Article 20 Storage and Loading of Gasoline at 
Gasoline Dispensing Facilities, into the SIP on August 9, 2019 (84 FR 
39196). The PCAQCD adopted revisions to the SIP-approved version on 
August 5, 2020, and ADEQ submitted them to us on August 20, 2020. If we 
take final action to approve the August 5, 2020 versions of the two 
rules, these versions will replace the previously approved versions of 
these rules in the SIP.
    We approved portions of the RACT SIP and negative declarations on 
August 9, 2019 (84 FR 39196). The PCAQCD adopted additional negative 
declarations on August 5, 2020, and ADEQ submitted them to us on August 
20, 2020.

C. What is the purpose of the submitted documents?

    Emissions of VOCs and oxides of nitrogen (NOX) 
contribute to the production of ground-level ozone, smog and 
particulate matter (PM), which harm human health and the environment. 
Section 110(a) of the CAA requires states to submit regulations that 
control VOC and NOX emissions. Sections 182(b)(2) and (f) 
require that SIPs for ozone nonattainment areas classified as Moderate 
or above implement RACT for any source covered by a Control Techniques 
Guidelines (CTG) document and for any major source of VOCs or 
NOX. The PCAQCD is subject to this requirement as it 
regulates the Pinal County portion of the Phoenix-Mesa ozone 
nonattainment area that is currently designated and classified as a 
Moderate nonattainment area for the 2008 8-hour ozone NAAQS. Therefore, 
the PCAQCD must, at a minimum, adopt RACT-level controls for all 
sources covered by a CTG document and for all major non-CTG sources of 
VOCs or NOX within the ozone nonattainment area that it 
regulates. Any stationary source that emits or has the potential to 
emit at least 100 tons per year (tpy) of VOCs or NOX is a 
major stationary source in a Moderate ozone nonattainment area (CAA 
section 182(b)(2), (f) and 302(j)).
    Section III.D of the preamble to the EPA's final rule to implement 
the 2008 ozone NAAQS (80 FR 12264, March 6, 2015) discusses RACT 
requirements. It states in part that RACT SIPs must contain adopted 
RACT regulations, certifications where appropriate that existing 
provisions are RACT, and/or negative declarations that no sources in 
the nonattainment area are covered by a specific CTG. Id. at 12278. It 
also provides that states must submit appropriate supporting 
information for their RACT submissions as described in the EPA's 
implementation rule for the 1997 ozone NAAQS. See Id. and 70 FR 71612, 
71652 (November 29, 2005). The submitted negative declarations provide 
PCAQCD's analyses of its compliance with the CAA section 182 RACT 
requirements for the 2008 8-hour ozone NAAQS. PCAQCD also adopted and 
submitted for SIP approval the following two rules.
    Chapter 5, Article 13 is a rule that establishes VOC content limits 
for surface coating operations in the Pinal County portion of the 
Phoenix-Mesa 8-hour ozone nonattainment area. It contains: Definitions; 
VOC content limits; various partial exemptions; requirements for 
coating application

[[Page 12891]]

methods, cleanup of application equipment, work practices for the 
handling, disposal, and storage of VOC containing materials, and 
emission control systems; and requirements for monitoring, testing, and 
recordkeeping.
    Chapter 5, Article 20 is a rule that establishes limits for VOC 
emissions from gasoline during storage and loading of gasoline at 
gasoline dispensing facilities. It contains: Definitions; various 
exemptions; requirements for vapor recovery equipment, general 
housekeeping, gasoline storage equipment, and gasoline loading 
operations; and requirements for monitoring, testing, and 
recordkeeping.
    EPA's technical support documents (TSDs) have more information 
about the District's negative declarations, rules, and the EPA's 
evaluations thereof.

II. The EPA's Evaluation and Action

A. How is the EPA evaluating the submitted documents?

    SIP rules must require RACT for each category of sources covered by 
a CTG document as well as each major source of VOCs or NOX 
in ozone nonattainment areas classified as Moderate or above (CAA 
section 182(b)(2)). The PCAQCD regulates a Moderate ozone nonattainment 
area (40 CFR 81.303) so the District's rules must implement RACT.
    States must submit for SIP approval negative declarations for those 
source categories for which they have not adopted CTG-based regulations 
(because they have no sources above the CTG-recommended applicability 
threshold) regardless of whether such negative declarations were made 
for an earlier SIP.\1\ To do so, the submittal should provide 
reasonable assurance that no sources subject to the CTG requirements 
currently exist in the portion of the ozone nonattainment area that is 
regulated by the PCAQCD.
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    \1\ 57 FR 13498, 13512 (April 16, 1992).
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    The District's analysis must demonstrate that each major source of 
VOCs or NOX in the ozone nonattainment area is covered by a 
RACT-level rule, or submit a negative declaration that no such sources 
exist in the part of the nonattainment area that is within the 
District. In addition, for each CTG source category, the District must 
either demonstrate that a RACT-level rule is in place, or submit a 
negative declaration. Guidance and policy documents that we use to 
evaluate CAA section 182 RACT requirements 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. EPA Office of Air Quality Planning and Standards, ``Issues 
Relating to VOC Regulation Cutpoints, Deficiencies, and 
Deviations,'' May 25, 1988 (``the Bluebook,'' revised January 11, 
1990).
    3. EPA Region IX, ``Guidance Document for Correcting Common VOC 
& Other Rule Deficiencies,'' August 21, 2001 (``the Little 
Bluebook'').
    4. ``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).
    5. Memorandum dated May 18, 2006, from William T. Harnett, 
Director, Air Quality Policy Division, to Regional Air Division 
Directors, Subject: ``RACT Qs & As--Reasonably Available Control 
Technology (RACT): Questions and Answers.''
    6. ``Final Rule to Implement the 8-hour Ozone National Ambient 
Air Quality Standard--Phase 2,'' 70 FR 71612 (November 29, 2005).
    7. ``Implementation of the 2008 National Ambient Air Quality 
Standards for Ozone: State Implementation Plan Requirements,'' 80 FR 
12264 (March 6, 2015).

    Rules that are submitted for inclusion into the SIP must be 
enforceable (CAA section 110(a)(2)), must not interfere with applicable 
requirements concerning attainment and reasonable further progress or 
other CAA requirements (CAA section 110(l)), and must not modify 
certain SIP control requirements in nonattainment areas without 
ensuring equivalent or greater emissions reductions (CAA section 193).
    In addition to the documents listed above, guidance and policy 
documents that we use to evaluate enforceability, stringency, and 
revision/relaxation requirements include the following:
    1. ``Design Criteria for Stage I Vapor Control Systems--Gasoline 
Service Stations,'' EPA-450/R-75-102, November 1975.
    2. ``Control of Volatile Organic Emissions from Existing Stationary 
Sources--Volume VI: Surface Coating of Miscellaneous Metal Parts and 
Products,'' EPA-450/2-78-015, June 1978.
    3. ``Control Techniques Guidelines for Miscellaneous Metal and 
Plastic Parts Coatings,'' EPA 453/R-08-003, September 2008.
    4. ``Model Volatile Organic Compound Rules for Reasonably Available 
Control Technology,'' June 1992.
    5. Memorandum dated March 17, 2011, from Scott Mathias, Interim 
Director, Air Quality Policy Division, U.S. EPA to Regional Air 
Division Directors, Subject: ``Approving SIP Revisions Addressing VOC 
RACT Requirements for Certain Coatings Categories.''

B. Do the documents meet the evaluation criteria?

    These rules meet CAA requirements and are consistent with relevant 
guidance regarding enforceability, RACT, and SIP revisions. After 
reviewing PCAQCD's list of Title V permitted facilities, we have also 
determined the negative declarations adopted by PCAQCD are correct. The 
TSDs have more information on our evaluation.

C. The EPA's Recommendations to Further Improve the Submitted Rules

    The TSDs include recommendations for the next time the local agency 
modifies the rules.

D. Public Comment and Proposed Action

    As authorized in section 110(k)(3) of the Act, the EPA proposes to 
fully approve the submitted rules and negative declarations because 
they fulfill all relevant requirements. We will accept comments from 
the public on this proposal until April 5, 2021. If we take final 
action to approve the submitted rules and negative declarations, our 
final action will incorporate these rules into the federally 
enforceable SIP. Our final approval of the submitted rules and negative 
declarations would correct all of the deficiencies identified in our 
August 9, 2019 partial approval, partial disapproval and limited 
approval, limited disapproval of PCAQCD's RACT SIP submittal for the 
2008 8-hour ozone NAAQS (84 FR 39196).

III. Incorporation by Reference

    In this rule, the EPA is proposing to include in a final EPA rule 
regulatory text that includes incorporation by reference. In accordance 
with requirements of 1 CFR 51.5, the EPA is proposing to incorporate by 
reference the two PCAQCD rules described in Table 1 of this preamble. 
The EPA has made, and will continue to make, these materials available 
through https://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).

IV. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the

[[Page 12892]]

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 Clean Air Act. Accordingly, this proposed action merely proposes 
to approve state law as meeting federal requirements and does not 
impose additional requirements beyond those imposed by state law. For 
that reason, this proposed 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);
     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 the 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, 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).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Nitrogen dioxide, Ozone, 
Reporting and recordkeeping requirements, Volatile organic compounds.

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

    Dated: February 23, 2021.
Deborah Jordan,
Acting Regional Administrator, Region IX.
[FR Doc. 2021-04387 Filed 3-4-21; 8:45 am]
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