[Federal Register Volume 86, Number 160 (Monday, August 23, 2021)]
[Rules and Regulations]
[Pages 46986-46989]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-16862]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2021-0134; FRL-8760-02-R9]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to approve revisions to the Pinal County Air Quality Control 
District (PCAQCD) 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 approving local rules that regulate these emission 
sources under the Clean Air Act (CAA or the Act). This approval stops 
all sanction and federal implementation plan clocks started by our 
August 9, 2019 partial and limited disapproval actions.\1\
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    \1\ 84 FR 39196 (August 9, 2019).

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DATES: This rule is effective September 22, 2021.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R09-OAR-2021-0134. All documents in the docket are 
listed on the https://www.regulations.gov website. Although listed in 
the index, some information is not publicly available, e.g., 
Confidential Business Information or other information whose disclosure 
is restricted by statute. Certain other material, such as copyrighted 
material, is not placed on the internet and will be publicly available 
only in hard copy form. Publicly available docket materials are 
available through https://www.regulations.gov, or please contact the 
person identified in the FOR FURTHER INFORMATION CONTACT section for 
additional availability information. 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) 947-4126 or by 
email at [email protected].

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

Table of Contents

I. Proposed Action
II. Public Comments and EPA Responses
III. EPA Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. Proposed Action

    On March 5, 2021, \2\ the EPA proposed to approve negative 
declarations for the 2008 8-hour ozone NAAQS in the portion of the 
Phoenix-Mesa ozone nonattainment area under the jurisdiction of the 
PCAQCD and the following two PCAQCD rules: Chapter 5, Article 13, 
Surface Coating Operations, and Chapter 5, Article 20, Storage and 
Loading of Gasoline at Gasoline Dispensing Facilities. The following 
table lists the documents that were submitted by the Arizona Department 
of Environmental Quality (AQED) for incorporation into the Arizona SIP; 
these documents were the subject of our March 5, 2021 proposed 
rulemaking action and submitted in response to our August 9, 2019 
partial and limited disapproval actions.\3\
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    \2\ 86 FR 12889.
    \3\ 84 FR 39196 (August 9, 2019).

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

    We proposed to approve the negative declarations and two rules 
because we determined that they comply with the relevant CAA 
requirements. Our proposed action contains more information on the 
negative declarations and rules as well as on our evaluation.

II. Public Comments and EPA Responses

    The EPA's proposed action provided a 30-day public comment period. 
During this period, we received no comments.

III. EPA Action

    No comments were submitted. Therefore, as authorized in section 
110(k)(3) of the Act, the EPA is fully approving these negative 
declarations and rules into the Arizona SIP.
    The August 5, 2020 versions of Chapter 5, Article 13 and Chapter 5, 
Article 20 will replace the previously approved version of these rules 
in the SIP. This approval stops all sanction and federal implementation 
plan clocks started by our August 9, 2019 partial and limited 
disapproval actions on the PCAQCD RACT SIP.\4\
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    \4\ 84 FR 39196 (August 9, 2019).

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[[Page 46987]]

IV. Incorporation by Reference

    In this rule, the EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, the EPA is finalizing the incorporation by reference of the 
PCAQCD rules described in the amendments to 40 CFR part 52 set forth 
below. Therefore, these materials have been approved by the EPA for 
inclusion in the SIP, have been incorporated by reference by the EPA 
into that plan, are fully federally enforceable under sections 110 and 
113 of the CAA as of the effective date of the final rulemaking of the 
EPA's approval, and will be incorporated by reference in the next 
update to the SIP compilation.\5\ The EPA has made, and will continue 
to make, these documents available through 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).
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    \5\ 62 FR 27968 (May 22, 1997).
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V. 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, the 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 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, 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, 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).
    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. The 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 October 22, 2021. 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. 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, Ozone, 
Reporting and recordkeeping requirements, Volatile organic compounds.

    Dated: July 26, 2021.
Deborah Jordan,
Acting 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

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. In Sec.  52.120, in paragraph (c), amend Table 9, under ``Chapter 5. 
Stationary Source Performance Standards'' by revising the entries for 
``5-13-100'', ``5-13-200'', ``5-13-300'', ``5-13-400'', ``5-13-500'', 
``5-20-100'', ``5-20-200'', ``5-20-300'', ``5-20-400'' and ``5-20-
500''.
    The revisions read as follows:


Sec.  52.120  Identification of plan.

* * * * *
    (c) * * *

[[Page 46988]]



                      Table 9--EPA-Approved Pinal County Air Pollution Control Regulations
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   County  citation        Title/subject     State  effective  date  EPA approval  date   Additional explanation
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                                                  * * * * * * *
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                               Chapter 5. Stationary Source Performance Standards
----------------------------------------------------------------------------------------------------------------
5-13-100..............  Surface Coating     August 5, 2020.........  August 23, 2021,    The August 5, 2020
                         Operations--Gener                            [INSERT Federal     version of section 5-
                         al.                                          Register            13-100 replaces the
                                                                      CITATION].          November 30, 2016
                                                                                          version that had been
                                                                                          approved on August 9,
                                                                                          2019 (84 FR 39196).
                                                                                          The RACT rule for
                                                                                          Surface Coating
                                                                                          Operations consists of
                                                                                          Pinal County Air
                                                                                          Quality Control
                                                                                          District sections 5-13-
                                                                                          100, 5-13-200, 5-13-
                                                                                          300, 5-13-400, and 5-
                                                                                          13-500.
5-13-200..............  Definitions.......  August 5, 2020.........  August 23, 2021,    The August 5, 2020
                                                                      [INSERT Federal     version of section 5-
                                                                      Register            13-200 replaces the
                                                                      CITATION].          November 30, 2016
                                                                                          version that had been
                                                                                          approved on August 9,
                                                                                          2019 (84 FR 39196).
                                                                                          The RACT rule for
                                                                                          Surface Coating
                                                                                          Operations consists of
                                                                                          Pinal County Air
                                                                                          Quality Control
                                                                                          District sections 5-13-
                                                                                          100, 5-13-200, 5-13-
                                                                                          300, 5-13-400, and 5-
                                                                                          13-500.
5-13-300..............  Standards.........  August 5, 2020.........  August 23, 2021,    The August 5, 2020
                                                                      [INSERT Federal     version of section 5-
                                                                      Register            13-300 replaces the
                                                                      CITATION].          November 30, 2016
                                                                                          version that had been
                                                                                          approved on August 9,
                                                                                          2019 (84 FR 39196).
                                                                                          The RACT rule for
                                                                                          Surface Coating
                                                                                          Operations consists of
                                                                                          Pinal County Air
                                                                                          Quality Control
                                                                                          District sections 5-13-
                                                                                          100, 5-13-200, 5-13-
                                                                                          300, 5-13-400, and 5-
                                                                                          13-500. Section 5-13-
                                                                                          390 is not part of the
                                                                                          SIP.
5-13-400..............  Administrative      August 5, 2020.........  August 23, 2021,    The August 5, 2020
                         Requirements.                                [INSERT Federal     version of section 5-
                                                                      Register            13-400 replaces the
                                                                      CITATION].          November 30, 2016
                                                                                          version that had been
                                                                                          approved on August 9,
                                                                                          2019 (84 FR 39196).
                                                                                          The RACT rule for
                                                                                          Surface Coating
                                                                                          Operations consists of
                                                                                          Pinal County Air
                                                                                          Quality Control
                                                                                          District sections 5-13-
                                                                                          100, 5-13-200, 5-13-
                                                                                          300, 5-13-400, and 5-
                                                                                          13-500.
5-13-500..............  Monitoring and      August 5, 2020.........  August 23, 2021,    The August 5, 2020
                         Records.                                     [INSERT Federal     version of section 5-
                                                                      Register            13-500 replaces the
                                                                      CITATION].          November 30, 2016
                                                                                          version that had been
                                                                                          approved on August 9,
                                                                                          2019 (84 FR 39196).
                                                                                          The RACT rule for
                                                                                          Surface Coating
                                                                                          Operations consists of
                                                                                          Pinal County Air
                                                                                          Quality Control
                                                                                          District sections 5-13-
                                                                                          100, 5-13-200, 5-13-
                                                                                          300, 5-13-400, and 5-
                                                                                          13-500.
 
                                                  * * * * * * *
5-20-100..............  Storage and         August 5, 2020.........  August 23, 2021,    The August 5, 2020
                         Loading of                                   [INSERT Federal     version of section 5-
                         Gasoline at                                  Register            20-100 replaces the
                         Gasoline                                     CITATION].          November 30, 2016
                         Dispensing                                                       version that had been
                         Facilities--Gener                                                approved on August 9,
                         al.                                                              2019 (84 FR 39196).
                                                                                          The RACT rule for
                                                                                          Storage and Loading of
                                                                                          Gasoline at Gasoline
                                                                                          Dispensing Facilities
                                                                                          consists of Pinal
                                                                                          County Air Quality
                                                                                          Control District
                                                                                          sections 5-20-100, 5-
                                                                                          20-200, 5-20-300, 5-20-
                                                                                          400, and 5-20-500.
5-20-200..............  Definitions.......  August 5, 2020.........  August 23, 2021,    The August 5, 2020
                                                                      [INSERT Federal     version of section 5-
                                                                      Register            20-200 replaces the
                                                                      CITATION].          November 30, 2016
                                                                                          version that had been
                                                                                          approved on August 9,
                                                                                          2019 (84 FR 39196).
                                                                                          The RACT rule for
                                                                                          Storage and Loading of
                                                                                          Gasoline at Gasoline
                                                                                          Dispensing Facilities
                                                                                          consists of Pinal
                                                                                          County Air Quality
                                                                                          Control District
                                                                                          sections 5-20-100, 5-
                                                                                          20-200, 5-20-300, 5-20-
                                                                                          400, and 5-20-500.
5-20-300..............  Standards.........  August 5, 2020.........  August 23, 2021,    The August 5, 2020
                                                                      [INSERT Federal     version of section 5-
                                                                      Register            20-300 replaces the
                                                                      CITATION].          November 30, 2016
                                                                                          version that had been
                                                                                          approved on August 9,
                                                                                          2019 (84 FR 39196).
                                                                                          The RACT rule for
                                                                                          Storage and Loading of
                                                                                          Gasoline at Gasoline
                                                                                          Dispensing Facilities
                                                                                          consists of Pinal
                                                                                          County Air Quality
                                                                                          Control District
                                                                                          sections 5-20-100, 5-
                                                                                          20-200, 5-20-300, 5-20-
                                                                                          400, and 5-20-500.

[[Page 46989]]

 
5-20-400..............  Administrative      August 5, 2020.........  August 23, 2021,    The August 5, 2020
                         Requirements.                                [INSERT Federal     version of section 5-
                                                                      Register            20-400 replaces the
                                                                      CITATION].          November 30, 2016
                                                                                          version that had been
                                                                                          approved on August 9,
                                                                                          2019 (84 FR 39196).
                                                                                          The RACT rule for
                                                                                          Storage and Loading of
                                                                                          Gasoline at Gasoline
                                                                                          Dispensing Facilities
                                                                                          consists of Pinal
                                                                                          County Air Quality
                                                                                          Control District
                                                                                          sections 5-20-100, 5-
                                                                                          20-200, 5-20-300, 5-20-
                                                                                          400, and 5-20-500.
5-20-500..............  Monitoring and      August 5, 2020.........  August 23, 2021,    The August 5, 2020
                         Records.                                     [INSERT Federal     version of section 5-
                                                                      Register            20-500 replaces the
                                                                      CITATION].          November 30, 2016
                                                                                          version that had been
                                                                                          approved on August 9,
                                                                                          2019 (84 FR 39196).
                                                                                          The RACT rule for
                                                                                          Storage and Loading of
                                                                                          Gasoline at Gasoline
                                                                                          Dispensing Facilities
                                                                                          consists of Pinal
                                                                                          County Air Quality
                                                                                          Control District
                                                                                          sections 5-20-100, 5-
                                                                                          20-200, 5-20-300, 5-20-
                                                                                          400, and 5-20-500.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *

0
3. Section 52.122 is amended by adding paragraph (a)(2)(ii) to read as 
follows:


Sec.  52.122  Negative declarations.

* * * * *
    (a) * * *
    (2) * * *
    (ii) The following negative declarations for the 2008 ozone NAAQS 
were adopted on August 5, 2020 and submitted on August 20, 2020.

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           EPA document No.                          Title
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EPA-450/2-77-037.....................  Cutback Asphalt.
EPA 453/R-08-003.....................  Miscellaneous Metal Parts
                                        Coatings Tables 3-6 Plastic
                                        Parts and Products; Automotive/
                                        Transportation and Business
                                        Machine Plastic Parts; Pleasure
                                        Craft Surface Coatings; Motor
                                        Vehicle Materials.
EPA 453/B-16-001.....................  Control Techniques Guidelines for
                                        the Oil and Natural Gas
                                        Industry.
N/A..................................  Major non CTG VOC sources.
N/A..................................  Major NOX sources.
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Sec.  52.124   [Amended]

0
4. Section 52.124 is amended by removing and reserving paragraph (b).

[FR Doc. 2021-16862 Filed 8-20-21; 8:45 am]
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