[Federal Register Volume 87, Number 149 (Thursday, August 4, 2022)]
[Proposed Rules]
[Pages 47663-47666]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-16490]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2022-0607; FRL-10024-01-R9]
Air Plan Approval; Arizona; Maricopa County Air Quality
Management Department
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 Maricopa County Air Quality Department (MCAQD
or ``County'') portions of the Arizona State Implementation Plan (SIP).
These revisions concern the County's reasonably available control
technology (RACT) demonstration for the aerospace coating category
(``aerospace operations RACT certification'') and 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 areas regulated by the MCAQD, as well as a rule covering
emissions of volatile organic compounds (VOCs) from surface coatings
and industrial adhesives. We are proposing to approve the SIP revisions
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 September 6, 2022.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2022-0607 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 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) 947-4126 or by
email at [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to the EPA.
[[Page 47664]]
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. 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 adopted by the local air agency and submitted by
the Arizona Department of Environmental Quality (ADEQ).
Table 1--Submitted Documents
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Local agency Document Adopted Submitted
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MCAQD.............................. Maricopa County Reasonably Available 06/23/21 06/30/21
Control Technology (RACT) Certification
for Volatile Organic Compound (VOC)
Emissions from Aerospace Manufacturing and
Rework Operations in Maricopa County June
2021.
MCAQD.............................. Rule 336 Surface Coating Operations and 09/01/21 09/17/21
Industrial Adhesive Application Processes.
MCAQD.............................. Negative Declarations for Three Coating 09/01/21 09/17/21
Categories Listed in the 2008 Control
Techniques Guidelines for Miscellaneous
Metal and Plastic Parts Coatings.
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On December 20, 2021, the submittal for the aerospace operations
RACT certification was deemed by operation of law to meet the
completeness criteria in 40 CFR part 51 Appendix V. On March 17, 2022,
the submittals for the negative declarations and MCAQD Rule 336 were
deemed by operation of law to meet the completeness criteria in 40 CFR
part 51 Appendix V. The completeness criteria in 40 CFR part 51
Appendix V must be met before formal EPA review.
B. Are there other versions of these documents?
There are no previous versions of the aerospace operations RACT
certification in the MCAQD portion of the Arizona SIP for the 2008
Ozone NAAQS. ADEQ previously submitted a negative declaration for this
RACT control techniques guideline (CTG) category, though the EPA
disapproved the negative declaration on January 7, 2021 (86 FR 971).
We conditionally approved an earlier version of Rule 336 and RACT
demonstration for the Miscellaneous Metal and Plastic Parts Coating
(MMPPC) CTG \1\ into the SIP on January 7, 2021 (86 FR 971). The MCAQD
adopted revisions to the SIP-approved version and negative declarations
for subcategories of the CTG on September 1, 2021, and ADEQ submitted
them to us on September 17, 2021. In its submittal letter, ADEQ
requested that, upon approval of the revised version of Rule 336, the
EPA remove the old version of this rule from this SIP. If we take final
action to approve the September 1, 2021 version of Rule 336, this
version will replace the previously approved version of this rule in
the SIP.
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\1\ ``Control Techniques Guidelines for Miscellaneous Metal and
Plastic Parts Coatings,'' EPA-453/R-08-003, September 2008.
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C. What is the purpose of the submitted documents?
Emissions of VOCs 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 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 MCAQD is subject to this requirement because it
regulates the Maricopa County portion of the Phoenix-Mesa ozone
nonattainment area that is currently classified as a Moderate
nonattainment area for the 2008 8-hour ozone NAAQS. Therefore, the
MCAQD 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 \2\ 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.\3\ 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.\4\ On January 7,
2021 (86 FR 971), the EPA partially disapproved MCAQD's negative
declarations for RACT categories associated with the following CTG
categories:
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\2\ 80 FR 12264 (March 6, 2015).
\3\ Id. at 12278.
\4\ See id. and 70 FR 71612, 71652 (November 29, 2005).
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``National Emission Standards for Hazardous Air Pollutants
for Source Categories: Aerospace Manufacturing and Rework'' (59 FR
29216),
``Control of Volatile Organic Compound Emissions from
Coating Operations at Aerospace Manufacturing and Rework Operations''
(EPA-453/R-97-004),
``Control Techniques Guidelines for Miscellaneous
Industrial Adhesives'' (EPA-453/R-08-005).
The submitted aerospace operations RACT certification provides
MCAQD's analyses of its compliance with the CAA section 182 RACT
requirements for the 2008 8-hour ozone NAAQS. It addresses the CTG RACT
requirements in the ``National Emission Standards for Hazardous Air
Pollutants for Source Categories: Aerospace Manufacturing and Rework''
and ``Control of Volatile Organic Compound Emissions from Coating
Operations at Aerospace Manufacturing and Rework Operations'' CTGs.
MCAQD also adopted and submitted for SIP approval the following
rule and negative declarations which address the CTG RACT requirements
for the CTG
[[Page 47665]]
categories for Miscellaneous Industrial Adhesives and MMPPC.
Rule 336 is a local control measure that establishes VOC content
limits for surface coating operations and industrial adhesive
application in the Maricopa County portion of the Phoenix-Mesa 8-hour
ozone nonattainment area. On January 7, 2021 (86 FR 971), the EPA
conditionally approved MCAQD Rule 336 and the RACT certification
associated with the rule and the CTG categories. The conditional
approval was based on a commitment from the State to submit a revised
rule that would correct deficiencies in Rule 336 and establish RACT-
level controls for sources covered by the CTG source categories:
Control of Volatile Oranic Emissions from Existing
Stationary Sources--Volume II: Surface Coating of Cans, Coils, Paper,
Fabrics, Automobiles, and Light-Duty Trucks'' EPA-450/2-77-008, May
1977 (cans and fabrics portions only \5\),
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\5\ Note that on January 7, 2021 (86 FR 971) EPA finalized
approval of negative declaration for the other categories covered by
this CTG: surface coating of coils, paper, automobiles, and light-
duty trucks.
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``Control Technique Guidelines for Miscellaneous Metal and
Plastic Parts Coatings,'' EPA-450/2-78-15, June 1978, and
``Control Techniques Guidelines fo Miscellaneous Metal and
Plastic Parts Coatings,'' EPA-453/R-08-003, September 2008.
The Rule 336 submittal included negative declarations for three
subcatgories under the 2008 MMPPC CTG:
Business Machine Plastic Part Coatings (Table 4 of the
2008 MMPPC CTG),
Automotive/Transportation Plastic Part Coatings (Table 4
of the 2008 MMPPC CTG),
Motor Vehicle Materials (Table 6 of the 2008 MMPPC CTG).
Revisions to Rule 336 and the negative declarations adopted on
September 1, 2021, corrected the deficiencies. EPA's technical support
document (TSD) has more information about the County's rule 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 and for each major source of VOCs or NOX in
ozone nonattainment areas classified as Moderate or above (CAA section
182(b)(2)). The MCAQD regulates a Moderate ozone nonattainment area (40
CFR 81.305) so MCAQD's rules must implement RACT.
States should also submit for SIP approval negative declarations
for those source categories for which they have not adopted RACT-level
regulations (because they have no sources above the CTG-recommended
applicability threshold) regardless of whether such negative
declarations were made for an earlier SIP. 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 MCAQD.
The County's analysis must demonstrate that each major source of
VOCs or NOX in the ozone nonattainment area is covered by a
RACT-level rule. In addition, for each CTG source category, the County
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. 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.''
3. ``Final Rule to Implement the 8-hour Ozone National Ambient Air
Quality Standard--Phase 2,'' 70 FR 71612 (November 29, 2005).
4. ``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. 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).
2. EPA Region IX, ``Guidance Document for Correcting Common VOC &
Other Rule Deficiencies,'' August 21, 2001 (``the Little Bluebook'').
3. ``Control of Volatile Organic Emissions from Existing Stationary
Sources--Volume II: Surface Coating of Cans, Coils, Paper, Fabrics,
Automobiles, and Light-Duty Trucks'' (EPA-450/2-77-008, May 1977).
4. ``Control of Volatile Organic Emissions from Existing Stationary
Sources--Volume III: Surface Coating of Metal Furniture'' (EPA-450/2-
77-032, December 1977).
5. ``Control of Volatile Organic Emissions from Existing Stationary
Sources--Volume V: Surface Coating of Large Appliances'' (EPA-450/2-77-
034, December 1977).
6. ``Control of Volatile Organic Emissions from Existing Stationary
Sources--Volume VI: Surface Coating of Miscellaneous Metal Parts and
Products'' (EPA-450/2-78-15 June 1978).
7. ``Control Techniques Guidelines for Miscellaneous Metal and
Plastic Parts Coatings'' (EPA-453/R-08-003, September 2008).
8. ``Control Techniques Guidelines for Metal Furniture Coatings''
(EPA-453/R-07-005, September 2007).
9. ``Control Techniques Guidelines for Large Appliance Coatings''
(EPA 453/R-07-004, September 2007).
10. ``Control Techniques Guidelines for Paper, Film, and Foil
Coatings'' (EPA-453/R-07-003, September 2007).
11. ``Control Techniques Guidelines for Miscellaneous Industrial
Adhesives'' (EPA-453/R-08-005, September 2008).
B. Do the documents meet the evaluation criteria?
The submitted rule meets CAA requirements and is consistent with
relevant guidance regarding enforceability, RACT, and SIP revisions.
The TSD has more information on our evaluation. The submitted negative
declarations describe how the MCAQD evaluated whether there were
sources emitting VOCs in the CTG subcategories. After review of the
emissions inventories list, we agree with the County's assessment
determining the negative declarations are correct.
The MCAQD's aerospace operations RACT certification constitutes the
County's demonstration that the existing SIP-approved MCAQD Rule 348
``Aerospace Manufacturing and Rework Operations'' satisfies CAA section
182 RACT requirements for the 2008 8-hour ozone NAAQS for the CTG
category
[[Page 47666]]
covered by the EPA CTG for Control of Volatile Organic Compound
Emissions from Coating Operations at Aerospace and Manufacturing Rework
(EPA-453/R-97-004). This conclusion is based on MCAQD's comparison of
Rule 348 against the EPA CTG as well as other EPA SIP-approved rules
for this category in California,\6\ Indiana,\7\ and Texas.\8\ The VOC
limits for various categories in Rule 348 are either equally or more
stringent than the CTG, as well as the Indiana and Texas rules.
However, the California district rules are more stringent in 16 coating
categories and less stringent than Rule 348 in 13 coating categories.
Of the 16 coating categories where the California district rules had
more stringent VOC limits, MCAQD surveyed affected sources and
determined the VOC emissions from those categories were found to be
less than 0.5% of each facility's total VOC emissions. Additionally,
the County summarized where the rule was consistent with the CTG: VOC
control and capture efficiency of at least 85% by weight is an
alternative to limiting the VOC limits: solvent cleaning requirements;
VOC containment and disposal; exemptions; and definitions. Based on
these findings, the EPA concludes that the RACT demonstration satisfies
CAA section 182 RACT requirements for the 2008 8-hour ozone NAAQS for
the CTG category covered by the EPA CTG for Control of Volatile Organic
Compound Emissions from Coating Operations at Aerospace and
Manufacturing Rework (EPA-453/R-97-004).
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\6\ Eastern Kern Air Pollution Control District Rule 410.8
Aerospace Assembly and Coating Operations, adopted March 13, 2014
and EPA SIP approved May 17, 2016 (81 FR 30484) and Mojave Desert
Air Quality Management District Rule 1118 Aerospace Assembly, Rework
and Component Manufacturing Operations, adopted October 26, 2015 and
EPA SIP approved June 21, 2017 (82 FR 28240).
\7\ 326 Indiana Administrative Code 8-21, adopted October 13,
2011 and approved as RACT February 13, 2019 (84 FR 3711).
\8\ 30 Texas Administrative Code 115.420-429, amended June 25,
2015 and approved as RACT April 30, 2019 (84 FR 18145).
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C. Public Comment and Proposed Action
As authorized in section 110(k)(3) of the Act, the EPA proposes to
fully approve the submitted rule, negative declarations, and RACT
demonstration because they fulfill all relevant requirements. In
addition, we propose to convert the partial conditional approval of
RACT demonstrations for the 2008 8-hour ozone NAAQS with respect to the
VOC source categories covered by Rule 336 and the negative
declarations, as found in 40 CFR 52.119 (c)(3), to full approval. We
will accept comments from the public on this proposal until September
6, 2022. If we take final action to approve the submitted rule and RACT
demonstration, our final action would correct the deficiencies
identified in our January 7, 2021 partial approval, partial
disapproval, and partial conditional approval of parts of MCAQD's RACT
SIP submittal for the 2008 8-hour ozone NAAQS (86 FR 971).
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 MCAQD Rule 336, ``Surface Coating Operations and Industrial
Adhesive Application Process,'' as described in Section I 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 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, Ozone, Reporting and
recordkeeping requirements, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: July 27, 2022.
Martha Guzman Aceves,
Regional Administrator, Region IX.
[FR Doc. 2022-16490 Filed 8-3-22; 8:45 am]
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