Partial Approval, Partial Disapproval and Limited Approval, Limited Disapproval of Arizona Air Plan Revisions, Pinal County Air Quality Control District, 20838-20843 [2019-09830]

Download as PDF 20838 Federal Register / Vol. 84, No. 92 / Monday, May 13, 2019 / Proposed Rules equipment and installations previously approved but not meeting the applicable requirements for type approval may be continued in service provided they are in good condition. All new installations and replacements must meet the requirements of §§ 175.305 through 175.320. Title 46—Shipping PART 25—REQUIREMENTS 4. The authority citation for part 25 continues to read as follows: ■ Authority: 33 U.S.C. 1903(b); 46 U.S.C. 2103, 3306, 4102, 4302; Department of Homeland Security Delegation No. 0170.1(II)(77), (92)(a), 92(b). ■ 5. Revise § 25.30–1 to read as follows: § 25.30–1 Applicability. (a) This subpart applies to all vessels, except for recreational vessels as defined in 33 CFR 175.3. (b) All vessels, except recreational vessels, contracted for before August 22, 2016, and after November 19, 1952, must meet the requirements of 46 CFR 25.30–80. (c) All vessels, except recreational vessels, contracted for before November 19, 1952, must meet the requirements of 46 CFR 25.30–90. Dated: May 6, 2019. John P. Nadeau, Assistant Commandant for Prevention Policy, U.S. Coast Guard. [FR Doc. 2019–09699 Filed 5–10–19; 8:45 am] BILLING CODE 9110–04–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R09–OAR–2019–0159; FRL–9993–51– Region 9] Partial Approval, Partial Disapproval and Limited Approval, Limited Disapproval of Arizona Air Plan Revisions, Pinal County Air Quality Control District Environmental Protection Agency (EPA). AGENCY: ACTION: Proposed rule. The Environmental Protection Agency (EPA) is proposing to partially approve and partially disapprove revisions to the Pinal County Air Quality Control District (PCAQCD) portion of the Arizona State Implementation Plan (SIP). These revisions concern the District’s demonstration regarding reasonably available control technology (RACT) requirements 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 area under the jurisdiction of the PCAQCD. The EPA is also proposing a limited approval and limited disapproval of two rules PCAQCD submitted with its RACT SIP demonstration. We are proposing action on a local SIP revision under the Clean Air Act (CAA or ‘‘Act’’). We are taking comments on this proposal and plan to follow with a final action. DATES: Any comments must arrive by June 12, 2019. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–R09– OAR–2019–0159 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 SUMMARY: contact the person identified in the FOR 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. FURTHER INFORMATION CONTACT FOR FURTHER INFORMATION CONTACT: Stanley Tong, EPA Region IX, (415) 947–4122, tong.stanley@epa.gov. EPA Region IX is located at 75 Hawthorne Street, San Francisco, CA 94105–3901. 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 Proposed Action A. How is the EPA evaluating the submitted documents? B. Do the documents meet the evaluation criteria? C. What are the deficiencies? D. EPA Recommendations To Further Improve the RACT SIP and the Submitted Rules E. 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). jbell on DSK3GLQ082PROD with PROPOSALS TABLE 1—SUBMITTED DOCUMENTS Local agency Document PCAQCD ............. Reasonably Available Control Technology (RACT) Analysis, Negative Declaration and Rules Adoption. Chapter 5, Article 13 Surface Coating 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 ............. VerDate Sep<11>2014 16:13 May 10, 2019 Jkt 247001 PO 00000 Frm 00017 Adopted Fmt 4702 Sfmt 4702 E:\FR\FM\13MYP1.SGM Submitted 11/30/2016 2/3/2017 11/30/2016 2/3/2017 13MYP1 20839 Federal Register / Vol. 84, No. 92 / Monday, May 13, 2019 / Proposed Rules TABLE 1—SUBMITTED DOCUMENTS—Continued Local agency PCAQCD ............. Document Note: the submittal explicitly excludes 5–13–390 ‘‘Spray Paint and Other Surface Coating Operations’’ (as amended 10/12/95). Chapter 5, 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 ‘‘Administrative Requirements’’. 5–20–500 ‘‘Monitoring and Records’’. On August 3, 2017, the submittals for PCAQCD’s RACT SIP, negative declarations, and two rules were 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. B. Are there other versions of these documents? There are no previous versions of the RACT SIP and negative declarations in the PCAQCD portion of the Arizona SIP for the 2008 8-hour ozone NAAQS. There are no previous versions of Chapter 5, Articles 13 or 20 in the PCAQCD portion of the Arizona SIP. jbell on DSK3GLQ082PROD with PROPOSALS C. What is the purpose of the submitted documents? Volatile Organic Compounds (VOCs) and oxides of nitrogen (NOX) help produce ground-level ozone, smog, and particulate matter, 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 VerDate Sep<11>2014 Adopted 16:13 May 10, 2019 Jkt 247001 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 RACT SIP (‘‘2016 RACT SIP’’) and 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 with its 2016 RACT SIP. Chapter 5, Article 13 is a new rule that establishes VOC content limits for surface coating operations in the Pinal County portion of the Phoenix-Mesa 8hour ozone nonattainment area. It contains: Definitions; VOC content limits; various partial exemptions; requirements for coating application 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 new 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. The EPA’s technical support document (TSD) has more information about the District’s RACT SIP, negative PO 00000 Frm 00018 Fmt 4702 Sfmt 4702 Submitted 11/30/2016 2/3/2017 declarations, rules, and the EPA’s evaluations thereof. II. The EPA’s Evaluation and Proposed 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 should also 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. 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. 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 1 57 FR 13498, 13512 (April 16, 1992). E:\FR\FM\13MYP1.SGM 13MYP1 jbell on DSK3GLQ082PROD with PROPOSALS 20840 Federal Register / Vol. 84, No. 92 / Monday, May 13, 2019 / Proposed Rules 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 VerDate Sep<11>2014 16:13 May 10, 2019 Jkt 247001 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? PCAQCD’s 2016 RACT SIP provides the District’s demonstration that the applicable SIP for the PCAQCD satisfies CAA section 182 RACT requirements for the 2008 8-hour ozone NAAQS. This conclusion is based on the District’s analysis of SIP-approved requirements that apply to the following: (1) Source categories for which a CTG has been issued, and (2) major non-CTG stationary sources of VOC or NOX emissions. With respect to CTG source categories, PCAQCD determined that it only had sources subject to the CTGs covering surface coatings and gasoline service stations. PCAQCD submitted for SIP approval two rules to implement RACT for these categories: Chapter 5, Article 13 Surface Coating Operations, and Chapter 5, Article 20 Storage and Loading of Gasoline at Gasoline Dispensing Facilities. We find that these rules meet the enforceability, stringency, and SIP relaxation/revision requirements, with the exception of a number of identified deficiencies. Specifically, we find that Article 13 largely incorporates the VOC content limits from Table 2 of the 2008 Miscellaneous Metal and Plastic Parts (MMPP) Coatings CTG. However, Article 13 does not contain all of the recommended metal parts coating categories from the CTG, it allows some exemptions not found in the CTG, and it does not address recommended categories and limits in Tables 3 through 6 of the MMPP CTG. We also find that Article 20 needs to be strengthened to correct an enforceability issue. These approvability issues preclude full approval of these two rules. In spite of these deficiencies, inclusion of these two rules would substantially strengthen the SIP because the SIP does not currently contain rules covering these sources. Our TSD has more information about our evaluation of Articles 13 and 20. Where there are no existing sources covered by a particular CTG document, or no major non-CTG sources, states may, in lieu of adopting RACT requirements for those sources, adopt PO 00000 Frm 00019 Fmt 4702 Sfmt 4702 negative declarations certifying that there are no such sources in the relevant nonattainment area. Appendix C of the 2016 RACT SIP lists the District’s negative declarations where it has no sources subject to the applicable CTG for the 2008 8-hour ozone NAAQS. These negative declarations are re-listed in Table 2 below. The District concludes that it has no sources subject to the CTGs based on a review of its permit files and emission inventory as well as business listings and county planning records. In addition, the 2016 RACT SIP states ‘‘[t]here is one Title V (i.e., major source) in the Pinal County portion of the nonattainment area which is a landfill . . . [and the] facility is currently subject to the 40 CFR part 60, subpart WWW Standards of Performance (NSPS) for Municipal Solid Waste Landfills and the 40 CFR part 63, subpart AAAA National Emission Standards for Hazardous Air Pollutants (NESHAP) for Municipal Waste Landfills.’’ Appendix A of the 2016 RACT SIP indicates this landfill has a potential to emit of 15.1 tpy of VOC. As described in more detail in our TSD, this landfill has a potential to emit less than 100 tpy of VOC and thus is not a major source. The District is therefore not required to demonstrate that this source is implementing RACT-level controls. We reviewed PCAQCD’s list of permitted facilities and list of negative declarations in the 2016 RACT SIP Appendices A and C, respectively. We also searched the EPA’s National Emissions Inventory for 2011 and 2014 to verify the District’s conclusion that it has no stationary sources subject to the CTG source categories for which it has adopted a negative declaration. We agree with the District’s negative declarations in the 2016 RACT SIP Appendix C. However, our review found that the cutback asphalt CTG and certain sections of the MMPP CTG were not addressed by either a negative declaration or a RACT rule. Also, the District must adopt negative declarations for major VOC and major NOX sources since available data shows the District does not have stationary sources in the ozone nonattainment area that emit at least 100 tpy. These approvability issues preclude full approval of the 2016 RACT SIP. Our TSD has more information on our evaluation of the 2016 RACT SIP. E:\FR\FM\13MYP1.SGM 13MYP1 Federal Register / Vol. 84, No. 92 / Monday, May 13, 2019 / Proposed Rules 20841 TABLE 2—PCAQCD NEGATIVE DECLARATIONS EPA document No. Title EPA–450/2–77–008 .................... EPA–450/2–77–008 .................... EPA–450/2–77–008 .................... EPA–450/2–77–008 .................... EPA–450/2–77–008 .................... EPA–450/2–77–022 .................... EPA–450/2–77–025 .................... EPA–450/2–77–026 .................... EPA–450/2–77–032 .................... EPA–450/2–77–033 .................... EPA–450/2–77–034 .................... EPA–450/2–77–035 .................... EPA–450/2–77–036 .................... EPA–450/2–78–029 .................... EPA–450/2–78–030 .................... EPA–450/2–78–032 .................... EPA–450/2–78–033 .................... EPA–450/2–78–036 .................... EPA–450/2–78–047 .................... EPA–450/2–78–051 .................... EPA–450/3–82–009 .................... EPA–450/3–83–006 .................... EPA–450/3–83–007 .................... EPA–450/3–83–008 .................... EPA–450/3–84–015 .................... EPA–450/4–91–031 .................... EPA–453/R–96–007 .................... EPA–453/R–94–032, 61 FR 44050; 8/27/96. EPA–453/R–97–004, 59 FR 29216; 6/06/94. EPA–453/R–06–001 .................... EPA–453/R–06–002 .................... EPA–453/R–06–003 .................... EPA–453/R–06–004 .................... EPA 453/R–07–003 ..................... EPA 453/R–07–004 ..................... EPA 453/R–07–005 ..................... EPA 453/R–08–004 ..................... EPA 453/R–08–005 ..................... EPA 453/R–08–006 ..................... Surface Coating of Cans. Surface Coating of Coils. Surface Coating of Paper. Surface Coating of Fabric. Surface Coating of Automobiles and Light-Duty Trucks. Solvent Metal Cleaning. Refinery Vacuum Producing Systems, Wastewater Separators, and Process Unit Turnarounds. Tank Truck Gasoline Loading Terminals. Surface Coating of Metal Furniture. Surface Coating of Insulation of Magnet Wire. Surface Coating of Large Appliances. Bulk Gasoline Plants. Storage of Petroleum Liquids in Fixed-Roof Tanks. Manufacture of Synthesized Pharmaceutical Products. Manufacture of Pneumatic Rubber Tires. Factory Surface Coating of Flat Wood Paneling. Graphic Arts-Rotogravure and Flexography. Leaks from Petroleum Refinery Equipment. Petroleum Liquid Storage in External Floating Roof Tanks. Leaks from Gasoline Tank Trucks and Vapor Collection Systems. Large Petroleum Dry Cleaners. Leaks from Synthetic Organic Chemical Polymer and Resin Manufacturing Equipment. Leaks from Natural Gas/Gasoline Processing Plants. Manufacture of High-Density Polyethylene, Polypropylene, and Polystyrene Resins. Air Oxidation Processes in Synthetic Organic Chemical Manufacturing Industry. Reactor Processes and Distillation Operations in Synthetic Organic Chemical Manufacturing Industry. Wood Furniture Manufacturing Operations. ACT Surface Coating at Shipbuilding and Ship Repair Facilities Shipbuilding and Ship Repair Operations (Surface Coating). Aerospace MACT and Aerospace (CTG & MACT). Industrial Cleaning Solvents. Offset Lithographic Printing and Letterpress Printing. Flexible Package Printing. Flat Wood Paneling Coatings. Paper, Film, and Foil Coatings. Large Appliance Coatings. Metal Furniture Coatings. Fiberglass Boat Manufacturing Materials. Miscellaneous Industrial Adhesives. Automobile and Light-Duty Truck Assembly Coatings. C. What are the deficiencies? On March 11, 2019,2 the EPA provided comments to PCAQCD on the approvability issues in the 2016 RACT SIP and the submitted rules. The following provisions do not satisfy the requirements of section 110 and part D of title I of the Act and prevent full approval of the 2016 RACT SIP and submitted rules. 1. 2016 RACT SIP jbell on DSK3GLQ082PROD with PROPOSALS a. Missing negative declarations for major VOC sources and major NOX sources. b. Missing negative declaration (or rule) for cutback asphalt. 16:13 May 10, 2019 Jkt 247001 a. Rule exempts categories that are recommended for regulation by the CTG. b. One VOC content limit is less stringent than the CTG, and some CTG coating categories and Tables 3 through 6 of the MMPP CTG are not addressed.3 c. The emission control system requirements are potentially confusing and should be clarified. 3. Chapter 5, Article 20—Storage and Loading of Gasoline at Gasoline Dispensing Facilities 2 Letter dated March 11, 2019, from Doris Lo, Manager, Rules Office, EPA, Region IX, to Michael Sundblom, Director, Pinal County Air Quality Control District, Subject: ‘‘RE: EPA Comments on the Pinal County Air Quality Control District Reasonably Available Control Technology (RACT) Analysis, Negative Declaration and Rules Adoption.’’ VerDate Sep<11>2014 2. Chapter 5, Article 13—Surface Coating Operations a. An exemption to verify that a gasoline cargo tank has a valid vapor tightness certification decal prior to 3 The deficiency regarding the lack of coverage for Tables 3 through 6 can be addressed by either modifying Chapter 5, Article 13 to cover these categories of sources, or through a negative declaration for these tables. PO 00000 Frm 00020 Fmt 4702 Sfmt 4702 loading gasoline is overly broad and challenging to verify or enforce. b. One section must be reworded to state a prohibition. Our TSD has additional information on the deficiencies in the RACT SIP and submitted rules. D. EPA Recommendations To Further Improve the RACT SIP and the Submitted Rules Our March 11, 2019 comment letter and TSD include recommendations for the next time the local agency modifies the rules. These recommendations would strengthen and improve enforceability of the rules. Our comment letter also includes a recommendation to adopt a negative declaration for the 2016 CTG for the Oil and Natural Gas Industry. Our comment letter and TSD are included in the docket materials. E:\FR\FM\13MYP1.SGM 13MYP1 20842 Federal Register / Vol. 84, No. 92 / Monday, May 13, 2019 / Proposed Rules jbell on DSK3GLQ082PROD with PROPOSALS E. Public Comment and Proposed Action For the reasons discussed above and explained more fully in our TSD, the EPA proposes to partially approve and partially disapprove the ADEQ’s February 3, 2017 submittal of the PCAQCD 2016 RACT SIP as a revision to the Arizona SIP. Under CAA section 110(k)(3), we propose to approve the 2016 RACT SIP, with the exception of major VOC sources, major NOX sources, and the following CTG source categories: Cutback asphalt, MMPP coatings, Gasoline Service Stations, and Surface Coating of Miscellaneous Metal Parts and Products, as satisfying the RACT requirements of CAA section 182(b)(2) and (f) for the Pinal County portion of the Phoenix-Mesa ozone nonattainment areas. Also under CAA section 110(k)(3), we propose to disapprove the 2016 RACT SIP as it pertains to major VOC sources, major NOX sources, cutback asphalt, and the MMPP coatings CTG (Tables 3 through 6) based on the EPA’s finding that these categories were not adequately addressed in the 2016 RACT SIP. Because the inclusion of Chapter 5, Articles 13 and 20 would strengthen the SIP, we are proposing a limited approval of Chapter 5, Article 13 (excluding 5–13–390) 4 and Article 20, as authorized by sections 110(k)(3) and 301(a) of the Act. If finalized, this action would incorporate the submitted rules into the SIP, including those provisions identified as deficient. This approval is limited because the EPA is simultaneously proposing a limited disapproval of Chapter 5, Articles 13 and 20, under section 110(k)(3) based on the stringency and enforceability issues the EPA identified in these rules. Because Chapter 5, Article 13 is the rule the District submitted in fulfillment of its RACT SIP obligation for the 1978 CTG for Surface Coating of Miscellaneous Metal Parts and Products, and the 2008 CTG for MMPP Coatings (except for Tables 3 through 6), the proposed limited approval and limited disapproval of Chapter 5, Article 13 would not fully satisfy the District’s RACT SIP obligation for these two CTG source categories. Once the EPA approves a SIP revision to correct the deficiencies in Chapter 5, Article 13, the District’s RACT SIP obligation will be met for the Surface Coating of Miscellaneous Metal Parts and Products CTG, and the MMPP Coatings CTG 4 PCAQCD’s SIP submittal explicitly excludes section 5–13–390. VerDate Sep<11>2014 16:13 May 10, 2019 Jkt 247001 (except for Tables 3 through 6).5 Similarly, because Chapter 5, Article 20 was submitted in fulfillment of the District’s RACT SIP obligation for the 1975 Gasoline Service Stations CTG, the proposed limited approval and limited disapproval of this rule would not fully satisfy the District’s RACT SIP obligation for this CTG source category. Once the EPA approves a SIP revision to correct the deficiencies in Chapter 5, Article 20, the District’s RACT SIP obligation will be met for the Gasoline Service Stations CTG source category. The EPA is committed to working with the ADEQ and PCAQCD to resolve the identified RACT deficiencies. However, should we finalize the proposed partial disapproval of the above-enumerated elements of the 2016 RACT SIP and the limited disapproval of Chapter 5, Articles 13 and 20, the action would trigger a 2-year clock for the federal implementation plan (FIP) requirement under section 110(c). In addition, final disapproval would trigger sanctions under CAA section 179 and 40 CFR 52.31 unless the EPA approves subsequent SIP revisions that correct the deficiencies in the 2016 RACT SIP and two submitted rules within 18 months of the effective date of the final action. We will accept comments from the public on the proposed partial approval and partial disapproval for the 2016 RACT SIP and the proposed limited approval and limited disapproval for Chapter 5, Articles 13 and 20 until June 12, 2019. If finalized, this action would incorporate the 2016 RACT SIP, negative declarations, and submitted rules into the SIP, including those provisions identified as deficient. Our proposed approval of the submitted rules is limited because the EPA is simultaneously proposing a limited disapproval of the rules under section 110(k)(3). Note that the submitted rules have been adopted by the PCAQCD, and the EPA’s final limited disapproval would not prevent the local agency from enforcing them. The limited disapproval also would not prevent any portion of the rules from being incorporated by reference into the federally enforceable SIP as discussed in a Memorandum dated July 9, 1992, from John Calcagni, Director, Air Quality Management Division, U.S. EPA to EPA Regional Air Directors, Regions I–X, Subject: ‘‘Processing of State Implementation Plan (SIP) Submittals,’’ found at: https:// 5 We will evaluate how the District addresses the MMPP CTG Tables 3 through 6 in its future submittal. As noted above, the District may either modify Chapter 5, Article 13 to cover these sources, or adopt a negative declaration. PO 00000 Frm 00021 Fmt 4702 Sfmt 4702 www.epa.gov/sites/production/files/ 2015-07/documents/procsip.pdf. 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 PCAQCD rules described in Table 1 of this preamble. The EPA has made, and will continue to make, these materials 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). IV. Statutory and Executive Order Reviews Additional information about these statutes and Executive Orders can be found at https://www.epa.gov/lawsregulations/laws-and-executive-orders. A. Executive Order 12866: Regulatory Planning and Review and Executive Order 13563: Improving Regulation and Regulatory Review This proposed action is not a significant regulatory action and was therefore not submitted to the Office of Management and Budget (OMB) for review. B. Executive Order 13771: Reducing Regulations and Controlling Regulatory Costs This proposed action is not an Executive Order 13771 regulatory action because SIP approvals, including limited approvals, are exempted under Executive Order 12866. C. Paperwork Reduction Act (PRA) This proposed action does not impose an information collection burden under the PRA because this action does not impose additional requirements beyond those imposed by state law. D. Regulatory Flexibility Act (RFA) I certify that this action will not have a significant economic impact on a substantial number of small entities under the RFA. This action will not impose any requirements on small entities beyond those imposed by state law. E. Unfunded Mandates Reform Act (UMRA) This proposed action does not contain any unfunded mandate as described in UMRA, 2 U.S.C. 1531–1538, and does not significantly or uniquely affect small governments. This proposed action does E:\FR\FM\13MYP1.SGM 13MYP1 Federal Register / Vol. 84, No. 92 / Monday, May 13, 2019 / Proposed Rules not impose additional requirements beyond those imposed by state law. Accordingly, no additional costs to state, local, or tribal governments, or to the private sector, will result from this proposed action. F. Executive Order 13132: Federalism This proposed action does not have federalism implications. It will not have substantial direct effects on the states, on the relationship between the national government and the states, or on the distribution of power and responsibilities among the various levels of government. G. Executive Order 13175: Coordination With Indian Tribal Governments This proposed action does not have tribal implications, as specified in Executive Order 13175, because 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, and will not impose substantial direct costs on tribal governments or preempt tribal law. Thus, Executive Order 13175 does not apply to this proposed action. H. Executive Order 13045: Protection of Children From Environmental Health Risks and Safety Risks The EPA interprets Executive Order 13045 as applying only to those regulatory actions that concern environmental health or safety risks that the EPA has reason to believe may disproportionately affect children, per the definition of ‘‘covered regulatory action’’ in section 2–202 of the Executive Order. This proposed action is not subject to Executive Order 13045 because it does not impose additional requirements beyond those imposed by state law. I. Executive Order 13211: Actions That Significantly Affect Energy Supply, Distribution, or Use This proposed action is not subject to Executive Order 13211, because it is not a significant regulatory action under Executive Order 12866. jbell on DSK3GLQ082PROD with PROPOSALS J. National Technology Transfer and Advancement Act (NTTAA) Section 12(d) of the NTTAA directs the EPA to use voluntary consensus standards in its regulatory activities unless to do so would be inconsistent with applicable law or otherwise impractical. The EPA believes that this proposed action is not subject to the requirements of section 12(d) of the NTTAA because application of those VerDate Sep<11>2014 16:13 May 10, 2019 Jkt 247001 requirements would be inconsistent with the CAA. K. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Population The EPA lacks the discretionary authority to address environmental justice in this rulemaking. 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: April 30, 2019. Michael Stoker, Regional Administrator, Region IX. [FR Doc. 2019–09830 Filed 5–10–19; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 180 [EPA–HQ–OPP–2019–0041; FRL–9991–91] Receipt of Several Pesticide Petitions Filed for Residues of Pesticide Chemicals in or on Various Commodities Environmental Protection Agency (EPA). ACTION: Notice of filing of petitions and request for comment. AGENCY: This document announces the Agency’s receipt of several initial filings of pesticide petitions requesting the establishment or modification of regulations for residues of pesticide chemicals in or on various commodities. DATES: Comments must be received on or before June 12, 2019. ADDRESSES: Submit your comments, identified by docket identification (ID) number and the pesticide petition number (PP) of interest as shown in the body of this document, by one of the following methods: • Federal eRulemaking Portal: https:// www.regulations.gov. Follow the online instructions for submitting comments. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. • Mail: OPP Docket, Environmental Protection Agency Docket Center (EPA/ DC), (28221T), 1200 Pennsylvania Ave. NW, Washington, DC 20460–0001. SUMMARY: PO 00000 Frm 00022 Fmt 4702 Sfmt 4702 20843 • Hand Delivery: To make special arrangements for hand delivery or delivery of boxed information, please follow the instructions at https:// www.epa.gov/dockets/contacts.html. Additional instructions on commenting or visiting the docket, along with more information about dockets generally, is available at https://www.epa.gov/ dockets. FOR FURTHER INFORMATION CONTACT: Michael Goodis, Registration Division (RD) (7505P), main telephone number: (703) 305–7090, email address: RDFRNotices@epa.gov. The mailing address for each contact person is: Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460–0001. As part of the mailing address, include the contact person’s name, division, and mail code. The division to contact is listed at the end of each pesticide petition summary. SUPPLEMENTARY INFORMATION: I. General Information A. Does this action apply to me? You may be potentially affected by this action if you are an agricultural producer, food manufacturer, or pesticide manufacturer. The following list of North American Industrial Classification System (NAICS) codes is not intended to be exhaustive, but rather provides a guide to help readers determine whether this document applies to them. Potentially affected entities may include: • Crop production (NAICS code 111). • Animal production (NAICS code 112). • Food manufacturing (NAICS code 311). • Pesticide manufacturing (NAICS code 32532). If you have any questions regarding the applicability of this action to a particular entity, consult the person listed under FOR FURTHER INFORMATION CONTACT for the division listed at the end of the pesticide petition summary of interest. B. What should I consider as I prepare my comments for EPA? 1. Submitting CBI. Do not submit this information to EPA through regulations.gov or email. Clearly mark the part or all of the information that you claim to be CBI. For CBI information in a disk or CD–ROM that you mail to EPA, mark the outside of the disk or CD–ROM as CBI and then identify electronically within the disk or CD–ROM the specific information that is claimed as CBI. In addition to one complete version of the comment that E:\FR\FM\13MYP1.SGM 13MYP1

Agencies

ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 84, Number 92 (Monday, May 13, 2019)]
[Proposed Rules]
[Pages 20838-20843]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-09830]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2019-0159; FRL-9993-51-Region 9]


Partial Approval, Partial Disapproval and Limited Approval, 
Limited Disapproval of Arizona Air Plan Revisions, Pinal County Air 
Quality Control District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
partially approve and partially disapprove revisions to the Pinal 
County Air Quality Control District (PCAQCD) portion of the Arizona 
State Implementation Plan (SIP). These revisions concern the District's 
demonstration regarding reasonably available control technology (RACT) 
requirements 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 area under the 
jurisdiction of the PCAQCD. The EPA is also proposing a limited 
approval and limited disapproval of two rules PCAQCD submitted with its 
RACT SIP demonstration. We are proposing action on a local SIP revision 
under the Clean Air Act (CAA or ``Act''). We are taking comments on 
this proposal and plan to follow with a final action.

DATES: Any comments must arrive by June 12, 2019.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2019-0159 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.

FOR FURTHER INFORMATION CONTACT: Stanley Tong, EPA Region IX, (415) 
947-4122, [email protected]. EPA Region IX is located at 75 
Hawthorne Street, San Francisco, CA 94105-3901.

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 Proposed Action
    A. How is the EPA evaluating the submitted documents?
    B. Do the documents meet the evaluation criteria?
    C. What are the deficiencies?
    D. EPA Recommendations To Further Improve the RACT SIP and the 
Submitted Rules
    E. 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
----------------------------------------------------------------------------------------------------------------
            Local agency                         Document                    Adopted              Submitted
----------------------------------------------------------------------------------------------------------------
PCAQCD..............................  Reasonably Available Control              11/30/2016              2/3/2017
                                       Technology (RACT) Analysis,
                                       Negative Declaration and
                                       Rules Adoption.
PCAQCD..............................  Chapter 5, Article 13 Surface             11/30/2016              2/3/2017
                                       Coating Operations.
                                      5-13-100, ``General''.........
                                      5-13-200, ``Definitions''.....
                                      5-13-300, ``Standards''.......
                                      5-13-400, ``Administrative
                                       Requirements''.
                                      5-13-500, ``Monitoring and
                                       Records''.

[[Page 20839]]

 
                                      Note: the submittal explicitly
                                       excludes 5-13-390 ``Spray
                                       Paint and Other Surface
                                       Coating Operations'' (as
                                       amended 10/12/95).
PCAQCD..............................  Chapter 5, Article 20 Storage             11/30/2016              2/3/2017
                                       and Loading 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''.
----------------------------------------------------------------------------------------------------------------

    On August 3, 2017, the submittals for PCAQCD's RACT SIP, negative 
declarations, and two rules were 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.

B. Are there other versions of these documents?

    There are no previous versions of the RACT SIP and negative 
declarations in the PCAQCD portion of the Arizona SIP for the 2008 8-
hour ozone NAAQS. There are no previous versions of Chapter 5, Articles 
13 or 20 in the PCAQCD portion of the Arizona SIP.

C. What is the purpose of the submitted documents?

    Volatile Organic Compounds (VOCs) and oxides of nitrogen 
(NOX) help produce ground-level ozone, smog, and particulate 
matter, 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 RACT SIP (``2016 RACT SIP'') 
and 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 with its 2016 RACT SIP.
    Chapter 5, Article 13 is a new 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 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 new 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.
    The EPA's technical support document (TSD) has more information 
about the District's RACT SIP, negative declarations, rules, and the 
EPA's evaluations thereof.

II. The EPA's Evaluation and Proposed 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 should also 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.
---------------------------------------------------------------------------

    \1\ 57 FR 13498, 13512 (April 16, 1992).
---------------------------------------------------------------------------

    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. 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

[[Page 20840]]

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?

    PCAQCD's 2016 RACT SIP provides the District's demonstration that 
the applicable SIP for the PCAQCD satisfies CAA section 182 RACT 
requirements for the 2008 8-hour ozone NAAQS. This conclusion is based 
on the District's analysis of SIP-approved requirements that apply to 
the following: (1) Source categories for which a CTG has been issued, 
and (2) major non-CTG stationary sources of VOC or NOX 
emissions.
    With respect to CTG source categories, PCAQCD determined that it 
only had sources subject to the CTGs covering surface coatings and 
gasoline service stations. PCAQCD submitted for SIP approval two rules 
to implement RACT for these categories: Chapter 5, Article 13 Surface 
Coating Operations, and Chapter 5, Article 20 Storage and Loading of 
Gasoline at Gasoline Dispensing Facilities. We find that these rules 
meet the enforceability, stringency, and SIP relaxation/revision 
requirements, with the exception of a number of identified 
deficiencies. Specifically, we find that Article 13 largely 
incorporates the VOC content limits from Table 2 of the 2008 
Miscellaneous Metal and Plastic Parts (MMPP) Coatings CTG. However, 
Article 13 does not contain all of the recommended metal parts coating 
categories from the CTG, it allows some exemptions not found in the 
CTG, and it does not address recommended categories and limits in 
Tables 3 through 6 of the MMPP CTG. We also find that Article 20 needs 
to be strengthened to correct an enforceability issue. These 
approvability issues preclude full approval of these two rules. In 
spite of these deficiencies, inclusion of these two rules would 
substantially strengthen the SIP because the SIP does not currently 
contain rules covering these sources. Our TSD has more information 
about our evaluation of Articles 13 and 20.
    Where there are no existing sources covered by a particular CTG 
document, or no major non-CTG sources, states may, in lieu of adopting 
RACT requirements for those sources, adopt negative declarations 
certifying that there are no such sources in the relevant nonattainment 
area. Appendix C of the 2016 RACT SIP lists the District's negative 
declarations where it has no sources subject to the applicable CTG for 
the 2008 8-hour ozone NAAQS. These negative declarations are re-listed 
in Table 2 below. The District concludes that it has no sources subject 
to the CTGs based on a review of its permit files and emission 
inventory as well as business listings and county planning records.
    In addition, the 2016 RACT SIP states ``[t]here is one Title V 
(i.e., major source) in the Pinal County portion of the nonattainment 
area which is a landfill . . . [and the] facility is currently subject 
to the 40 CFR part 60, subpart WWW Standards of Performance (NSPS) for 
Municipal Solid Waste Landfills and the 40 CFR part 63, subpart AAAA 
National Emission Standards for Hazardous Air Pollutants (NESHAP) for 
Municipal Waste Landfills.'' Appendix A of the 2016 RACT SIP indicates 
this landfill has a potential to emit of 15.1 tpy of VOC. As described 
in more detail in our TSD, this landfill has a potential to emit less 
than 100 tpy of VOC and thus is not a major source. The District is 
therefore not required to demonstrate that this source is implementing 
RACT-level controls.
    We reviewed PCAQCD's list of permitted facilities and list of 
negative declarations in the 2016 RACT SIP Appendices A and C, 
respectively. We also searched the EPA's National Emissions Inventory 
for 2011 and 2014 to verify the District's conclusion that it has no 
stationary sources subject to the CTG source categories for which it 
has adopted a negative declaration. We agree with the District's 
negative declarations in the 2016 RACT SIP Appendix C. However, our 
review found that the cutback asphalt CTG and certain sections of the 
MMPP CTG were not addressed by either a negative declaration or a RACT 
rule. Also, the District must adopt negative declarations for major VOC 
and major NOX sources since available data shows the 
District does not have stationary sources in the ozone nonattainment 
area that emit at least 100 tpy. These approvability issues preclude 
full approval of the 2016 RACT SIP. Our TSD has more information on our 
evaluation of the 2016 RACT SIP.

[[Page 20841]]



                  Table 2--PCAQCD Negative Declarations
------------------------------------------------------------------------
               EPA document No.                          Title
------------------------------------------------------------------------
EPA-450/2-77-008.............................  Surface Coating of Cans.
EPA-450/2-77-008.............................  Surface Coating of Coils.
EPA-450/2-77-008.............................  Surface Coating of Paper.
EPA-450/2-77-008.............................  Surface Coating of
                                                Fabric.
EPA-450/2-77-008.............................  Surface Coating of
                                                Automobiles and Light-
                                                Duty Trucks.
EPA-450/2-77-022.............................  Solvent Metal Cleaning.
EPA-450/2-77-025.............................  Refinery Vacuum Producing
                                                Systems, Wastewater
                                                Separators, and Process
                                                Unit Turnarounds.
EPA-450/2-77-026.............................  Tank Truck Gasoline
                                                Loading Terminals.
EPA-450/2-77-032.............................  Surface Coating of Metal
                                                Furniture.
EPA-450/2-77-033.............................  Surface Coating of
                                                Insulation of Magnet
                                                Wire.
EPA-450/2-77-034.............................  Surface Coating of Large
                                                Appliances.
EPA-450/2-77-035.............................  Bulk Gasoline Plants.
EPA-450/2-77-036.............................  Storage of Petroleum
                                                Liquids in Fixed-Roof
                                                Tanks.
EPA-450/2-78-029.............................  Manufacture of
                                                Synthesized
                                                Pharmaceutical Products.
EPA-450/2-78-030.............................  Manufacture of Pneumatic
                                                Rubber Tires.
EPA-450/2-78-032.............................  Factory Surface Coating
                                                of Flat Wood Paneling.
EPA-450/2-78-033.............................  Graphic Arts-Rotogravure
                                                and Flexography.
EPA-450/2-78-036.............................  Leaks from Petroleum
                                                Refinery Equipment.
EPA-450/2-78-047.............................  Petroleum Liquid Storage
                                                in External Floating
                                                Roof Tanks.
EPA-450/2-78-051.............................  Leaks from Gasoline Tank
                                                Trucks and Vapor
                                                Collection Systems.
EPA-450/3-82-009.............................  Large Petroleum Dry
                                                Cleaners.
EPA-450/3-83-006.............................  Leaks from Synthetic
                                                Organic Chemical Polymer
                                                and Resin Manufacturing
                                                Equipment.
EPA-450/3-83-007.............................  Leaks from Natural Gas/
                                                Gasoline Processing
                                                Plants.
EPA-450/3-83-008.............................  Manufacture of High-
                                                Density Polyethylene,
                                                Polypropylene, and
                                                Polystyrene Resins.
EPA-450/3-84-015.............................  Air Oxidation Processes
                                                in Synthetic Organic
                                                Chemical Manufacturing
                                                Industry.
EPA-450/4-91-031.............................  Reactor Processes and
                                                Distillation Operations
                                                in Synthetic Organic
                                                Chemical Manufacturing
                                                Industry.
EPA-453/R-96-007.............................  Wood Furniture
                                                Manufacturing
                                                Operations.
EPA-453/R-94-032, 61 FR 44050; 8/27/96.......  ACT Surface Coating at
                                                Shipbuilding and Ship
                                                Repair Facilities
                                                Shipbuilding and Ship
                                                Repair Operations
                                                (Surface Coating).
EPA-453/R-97-004, 59 FR 29216; 6/06/94.......  Aerospace MACT and
                                                Aerospace (CTG & MACT).
EPA-453/R-06-001.............................  Industrial Cleaning
                                                Solvents.
EPA-453/R-06-002.............................  Offset Lithographic
                                                Printing and Letterpress
                                                Printing.
EPA-453/R-06-003.............................  Flexible Package
                                                Printing.
EPA-453/R-06-004.............................  Flat Wood Paneling
                                                Coatings.
EPA 453/R-07-003.............................  Paper, Film, and Foil
                                                Coatings.
EPA 453/R-07-004.............................  Large Appliance Coatings.
EPA 453/R-07-005.............................  Metal Furniture Coatings.
EPA 453/R-08-004.............................  Fiberglass Boat
                                                Manufacturing Materials.
EPA 453/R-08-005.............................  Miscellaneous Industrial
                                                Adhesives.
EPA 453/R-08-006.............................  Automobile and Light-Duty
                                                Truck Assembly Coatings.
------------------------------------------------------------------------

C. What are the deficiencies?

    On March 11, 2019,\2\ the EPA provided comments to PCAQCD on the 
approvability issues in the 2016 RACT SIP and the submitted rules. The 
following provisions do not satisfy the requirements of section 110 and 
part D of title I of the Act and prevent full approval of the 2016 RACT 
SIP and submitted rules.
---------------------------------------------------------------------------

    \2\ Letter dated March 11, 2019, from Doris Lo, Manager, Rules 
Office, EPA, Region IX, to Michael Sundblom, Director, Pinal County 
Air Quality Control District, Subject: ``RE: EPA Comments on the 
Pinal County Air Quality Control District Reasonably Available 
Control Technology (RACT) Analysis, Negative Declaration and Rules 
Adoption.''
---------------------------------------------------------------------------

1. 2016 RACT SIP
    a. Missing negative declarations for major VOC sources and major 
NOX sources.
    b. Missing negative declaration (or rule) for cutback asphalt.
2. Chapter 5, Article 13--Surface Coating Operations
    a. Rule exempts categories that are recommended for regulation by 
the CTG.
    b. One VOC content limit is less stringent than the CTG, and some 
CTG coating categories and Tables 3 through 6 of the MMPP CTG are not 
addressed.\3\
---------------------------------------------------------------------------

    \3\ The deficiency regarding the lack of coverage for Tables 3 
through 6 can be addressed by either modifying Chapter 5, Article 13 
to cover these categories of sources, or through a negative 
declaration for these tables.
---------------------------------------------------------------------------

    c. The emission control system requirements are potentially 
confusing and should be clarified.
3. Chapter 5, Article 20--Storage and Loading of Gasoline at Gasoline 
Dispensing Facilities
    a. An exemption to verify that a gasoline cargo tank has a valid 
vapor tightness certification decal prior to loading gasoline is overly 
broad and challenging to verify or enforce.
    b. One section must be reworded to state a prohibition.
    Our TSD has additional information on the deficiencies in the RACT 
SIP and submitted rules.

D. EPA Recommendations To Further Improve the RACT SIP and the 
Submitted Rules

    Our March 11, 2019 comment letter and TSD include recommendations 
for the next time the local agency modifies the rules. These 
recommendations would strengthen and improve enforceability of the 
rules. Our comment letter also includes a recommendation to adopt a 
negative declaration for the 2016 CTG for the Oil and Natural Gas 
Industry. Our comment letter and TSD are included in the docket 
materials.

[[Page 20842]]

E. Public Comment and Proposed Action

    For the reasons discussed above and explained more fully in our 
TSD, the EPA proposes to partially approve and partially disapprove the 
ADEQ's February 3, 2017 submittal of the PCAQCD 2016 RACT SIP as a 
revision to the Arizona SIP. Under CAA section 110(k)(3), we propose to 
approve the 2016 RACT SIP, with the exception of major VOC sources, 
major NOX sources, and the following CTG source categories: 
Cutback asphalt, MMPP coatings, Gasoline Service Stations, and Surface 
Coating of Miscellaneous Metal Parts and Products, as satisfying the 
RACT requirements of CAA section 182(b)(2) and (f) for the Pinal County 
portion of the Phoenix-Mesa ozone nonattainment areas.
    Also under CAA section 110(k)(3), we propose to disapprove the 2016 
RACT SIP as it pertains to major VOC sources, major NOX 
sources, cutback asphalt, and the MMPP coatings CTG (Tables 3 through 
6) based on the EPA's finding that these categories were not adequately 
addressed in the 2016 RACT SIP.
    Because the inclusion of Chapter 5, Articles 13 and 20 would 
strengthen the SIP, we are proposing a limited approval of Chapter 5, 
Article 13 (excluding 5-13-390) \4\ and Article 20, as authorized by 
sections 110(k)(3) and 301(a) of the Act. If finalized, this action 
would incorporate the submitted rules into the SIP, including those 
provisions identified as deficient. This approval is limited because 
the EPA is simultaneously proposing a limited disapproval of Chapter 5, 
Articles 13 and 20, under section 110(k)(3) based on the stringency and 
enforceability issues the EPA identified in these rules.
---------------------------------------------------------------------------

    \4\ PCAQCD's SIP submittal explicitly excludes section 5-13-390.
---------------------------------------------------------------------------

    Because Chapter 5, Article 13 is the rule the District submitted in 
fulfillment of its RACT SIP obligation for the 1978 CTG for Surface 
Coating of Miscellaneous Metal Parts and Products, and the 2008 CTG for 
MMPP Coatings (except for Tables 3 through 6), the proposed limited 
approval and limited disapproval of Chapter 5, Article 13 would not 
fully satisfy the District's RACT SIP obligation for these two CTG 
source categories. Once the EPA approves a SIP revision to correct the 
deficiencies in Chapter 5, Article 13, the District's RACT SIP 
obligation will be met for the Surface Coating of Miscellaneous Metal 
Parts and Products CTG, and the MMPP Coatings CTG (except for Tables 3 
through 6).\5\ Similarly, because Chapter 5, Article 20 was submitted 
in fulfillment of the District's RACT SIP obligation for the 1975 
Gasoline Service Stations CTG, the proposed limited approval and 
limited disapproval of this rule would not fully satisfy the District's 
RACT SIP obligation for this CTG source category. Once the EPA approves 
a SIP revision to correct the deficiencies in Chapter 5, Article 20, 
the District's RACT SIP obligation will be met for the Gasoline Service 
Stations CTG source category.
---------------------------------------------------------------------------

    \5\ We will evaluate how the District addresses the MMPP CTG 
Tables 3 through 6 in its future submittal. As noted above, the 
District may either modify Chapter 5, Article 13 to cover these 
sources, or adopt a negative declaration.
---------------------------------------------------------------------------

    The EPA is committed to working with the ADEQ and PCAQCD to resolve 
the identified RACT deficiencies. However, should we finalize the 
proposed partial disapproval of the above-enumerated elements of the 
2016 RACT SIP and the limited disapproval of Chapter 5, Articles 13 and 
20, the action would trigger a 2-year clock for the federal 
implementation plan (FIP) requirement under section 110(c). In 
addition, final disapproval would trigger sanctions under CAA section 
179 and 40 CFR 52.31 unless the EPA approves subsequent SIP revisions 
that correct the deficiencies in the 2016 RACT SIP and two submitted 
rules within 18 months of the effective date of the final action.
    We will accept comments from the public on the proposed partial 
approval and partial disapproval for the 2016 RACT SIP and the proposed 
limited approval and limited disapproval for Chapter 5, Articles 13 and 
20 until June 12, 2019. If finalized, this action would incorporate the 
2016 RACT SIP, negative declarations, and submitted rules into the SIP, 
including those provisions identified as deficient. Our proposed 
approval of the submitted rules is limited because the EPA is 
simultaneously proposing a limited disapproval of the rules under 
section 110(k)(3).
    Note that the submitted rules have been adopted by the PCAQCD, and 
the EPA's final limited disapproval would not prevent the local agency 
from enforcing them. The limited disapproval also would not prevent any 
portion of the rules from being incorporated by reference into the 
federally enforceable SIP as discussed in a Memorandum dated July 9, 
1992, from John Calcagni, Director, Air Quality Management Division, 
U.S. EPA to EPA Regional Air Directors, Regions I-X, Subject: 
``Processing of State Implementation Plan (SIP) Submittals,'' found at: 
https://www.epa.gov/sites/production/files/2015-07/documents/procsip.pdf.

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 PCAQCD rules described in Table 1 of this preamble. The 
EPA has made, and will continue to make, these materials 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).

IV. Statutory and Executive Order Reviews

    Additional information about these statutes and Executive Orders 
can be found at https://www.epa.gov/laws-regulations/laws-and-executive-orders.

A. Executive Order 12866: Regulatory Planning and Review and Executive 
Order 13563: Improving Regulation and Regulatory Review

    This proposed action is not a significant regulatory action and was 
therefore not submitted to the Office of Management and Budget (OMB) 
for review.

B. Executive Order 13771: Reducing Regulations and Controlling 
Regulatory Costs

    This proposed action is not an Executive Order 13771 regulatory 
action because SIP approvals, including limited approvals, are exempted 
under Executive Order 12866.

C. Paperwork Reduction Act (PRA)

    This proposed action does not impose an information collection 
burden under the PRA because this action does not impose additional 
requirements beyond those imposed by state law.

D. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant economic 
impact on a substantial number of small entities under the RFA. This 
action will not impose any requirements on small entities beyond those 
imposed by state law.

E. Unfunded Mandates Reform Act (UMRA)

    This proposed action does not contain any unfunded mandate as 
described in UMRA, 2 U.S.C. 1531-1538, and does not significantly or 
uniquely affect small governments. This proposed action does

[[Page 20843]]

not impose additional requirements beyond those imposed by state law. 
Accordingly, no additional costs to state, local, or tribal 
governments, or to the private sector, will result from this proposed 
action.

F. Executive Order 13132: Federalism

    This proposed action does not have federalism implications. It will 
not have substantial direct effects on the states, on the relationship 
between the national government and the states, or on the distribution 
of power and responsibilities among the various levels of government.

G. Executive Order 13175: Coordination With Indian Tribal Governments

    This proposed action does not have tribal implications, as 
specified in Executive Order 13175, because 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, and 
will not impose substantial direct costs on tribal governments or 
preempt tribal law. Thus, Executive Order 13175 does not apply to this 
proposed action.

H. Executive Order 13045: Protection of Children From Environmental 
Health Risks and Safety Risks

    The EPA interprets Executive Order 13045 as applying only to those 
regulatory actions that concern environmental health or safety risks 
that the EPA has reason to believe may disproportionately affect 
children, per the definition of ``covered regulatory action'' in 
section 2-202 of the Executive Order. This proposed action is not 
subject to Executive Order 13045 because it does not impose additional 
requirements beyond those imposed by state law.

I. Executive Order 13211: Actions That Significantly Affect Energy 
Supply, Distribution, or Use

    This proposed action is not subject to Executive Order 13211, 
because it is not a significant regulatory action under Executive Order 
12866.

J. National Technology Transfer and Advancement Act (NTTAA)

    Section 12(d) of the NTTAA directs the EPA to use voluntary 
consensus standards in its regulatory activities unless to do so would 
be inconsistent with applicable law or otherwise impractical. The EPA 
believes that this proposed action is not subject to the requirements 
of section 12(d) of the NTTAA because application of those requirements 
would be inconsistent with the CAA.

K. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Population

    The EPA lacks the discretionary authority to address environmental 
justice in this rulemaking.

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: April 30, 2019.
Michael Stoker,
Regional Administrator, Region IX.
[FR Doc. 2019-09830 Filed 5-10-19; 8:45 am]
BILLING CODE 6560-50-P

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.