Air Plan Approval; Arizona; Maricopa County Air Quality Department, 26804-26806 [2019-12177]

Download as PDF 26804 Federal Register / Vol. 84, No. 111 / Monday, June 10, 2019 / Proposed Rules CONTACT by 4:00 p.m., CDT on June 13, 2019. If you are disabled and need reasonable accommodations to attend a public hearing, contact the person listed under FOR FURTHER INFORMATION CONTACT. The location of the hearing is our office, listed under ADDRESSES above. Those persons requesting to speak will need to register at our office between 5:00 and 5:30 p.m., CDT. At the hearing, a court report will record and make a written record of the statements presented. This written record will be made part of the administrative record for the rule. To assist the transcriber and ensure an accurate record, we request, if possible, that each person who speaks at the public hearing provide us with a written copy of his or her comments. The public hearing will continue until everyone scheduled to speak has been given an opportunity to be heard. If you are in the audience and have not been scheduled to speak and wish to do so, you will be allowed to speak after those who have been scheduled. We will end the hearing after everyone scheduled to speak and others present in the audience who wish to speak, have been heard. We appreciate all comments but those most useful and likely to influence decisions on the final rule will be those that either involve personal experience or include citations to, and analyses of SMCRA, its legislative history, its implementing regulations, case law, other State or Federal laws and regulations, data, technical literature, or relevant publications. List of Subjects in 30 CFR Part 913 Intergovernmental relations, Surface mining, Underground mining. Dated: May 21, 2019. Alfred L. Clayborne, Regional Director, Mid-Continent Region. [FR Doc. 2019–12084 Filed 6–7–19; 8:45 am] BILLING CODE 4310–05–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R09–OAR–2019–0105; FRL–994–97– Region 9] Air Plan Approval; Arizona; Maricopa County Air Quality Department Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: The Environmental Protection Agency (EPA) is proposing to approve revisions to the Maricopa County Air Quality Department (MCAQD) portion of the Arizona State Implementation Plan (SIP). These revisions concern emissions of volatile organic compounds (VOCs) from graphic arts and from coating of wood furniture and fixtures. We are proposing to approve two local rules to regulate these emission sources under the Clean Air Act (CAA or the Act). We are taking comments on this proposal and plan to follow with a final action. DATES: Any comments must arrive by July 10, 2019. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–R09– OAR–2019–0105 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 SUMMARY: 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: Nicole Law or Robert Schwartz, EPA Region IX, 75 Hawthorne Street, San Francisco, CA 94105, (415) 947–4126 or (415) 972–3286, law.nicole@epa.gov or schwartz.robert@epa.gov. SUPPLEMENTARY INFORMATION: Throughout this document, ‘‘we,’’ ‘‘us’’ and ‘‘our’’ refer to the EPA. Table of Contents I. The State’s Submittal A. What rules did the State submit? B. Are there other versions of these rules? C. What is the purpose of the submitted rule revisions? II. The EPA’s Evaluation and Action A. How is the EPA evaluating the rules? B. Do the rules meet the evaluation criteria? C. The EPA’s Recommendations To Further Improve the Rules D. Public Comment and Proposed Action III. Incorporation by Reference IV. Statutory and Executive Order Reviews I. The State’s Submittal A. What rules did the State submit? Table 1 lists the rules 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. khammond on DSKBBV9HB2PROD with PROPOSALS TABLE 1—SUBMITTED RULES Adopted/ amended/ revised Local agency Rule No. Rule title MCAQD .................. MCAQD .................. 337 ......................... 342 ......................... Graphic Arts .................................................................................... Coating Wood Furniture and Fixtures ............................................ On March 5, 2014, the EPA determined that the submittal for MCAQD Rule 337 met the completeness criteria in 40 CFR part 51 Appendix V, which must be met before formal EPA review. On December 22, 2017, the submittal for MCAQD Rule 342 was deemed by VerDate Sep<11>2014 16:18 Jun 07, 2019 Jkt 247001 operation of law to meet the completeness criteria in 40 CFR part 51 Appendix V, which must be met before formal EPA review. PO 00000 Frm 00038 Fmt 4702 Sfmt 4702 08/17/2011 11/02/2016 Submitted 01/15/2014 06/22/2017 B. Are there other versions of these rules? We approved earlier versions of Rule 337 and Rule 342 into the SIP on February 9, 1998 (63 FR 6489). The MCAQD adopted revisions to the SIPapproved version of Rule 337 on August E:\FR\FM\10JNP1.SGM 10JNP1 Federal Register / Vol. 84, No. 111 / Monday, June 10, 2019 / Proposed Rules 17, 2011, and the Arizona Department of Environmental Quality (ADEQ) submitted them to us on January 15, 2014. The MCAQD adopted revisions to the SIP-approved version of Rule 342 on November 2, 2016, and the ADEQ submitted them to us on June 22, 2017. C. What is the purpose of the submitted rule revisions? Emissions of VOCs contribute to 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 emissions. The current SIP-approved Rule 337 contains VOC limits for various graphic arts materials and cleaning solutions associated with lithographic printing. It also contains requirements pertaining to labeling, operation and maintenance plans, monitoring, recordkeeping, reporting, and test methods. The submitted revisions expand requirements for specific types of graphic arts operations such as lithographic and letter press operations, rotogravure and flexographic operations, and screen-printing operations. A work practice section was also added describing VOC material use, storage and disposal, and minimization of spills. The current SIP-approved Rule 342 establishes VOC content limits and workplace standards for all persons involved in the surface preparation and coating of wood furniture and fixtures. Revisions to the SIP-approved rule include the addition of leak detection and repair requirements, annual operator training requirements, and more comprehensive recordkeeping requirements; updates to definitions; revised test methods; and removal of outdated compliance dates and spray gun tagging requirements. The EPA’s technical support documents (TSDs) have more information about these rules. II. The EPA’s Evaluation and Action khammond on DSKBBV9HB2PROD with PROPOSALS A. How is the EPA evaluating the rules? Rules in the SIP must be enforceable (see CAA section 110(a)(2)), must not interfere with applicable requirements concerning attainment and reasonable further progress or other CAA requirements (see CAA section 110(l)), and must not modify certain SIP control requirements in nonattainment areas without ensuring equivalent or greater emissions reductions (see CAA section 193). Generally, SIP rules must require Reasonably Available Control Technology (RACT) for each category of VerDate Sep<11>2014 16:18 Jun 07, 2019 Jkt 247001 sources covered by a Control Techniques Guidelines (CTG) document as well as each major source of VOCs in ozone nonattainment areas classified as Moderate or above (see CAA section 182(b)(2)). The MCAQD regulates an ozone nonattainment area classified as Moderate for the 2008 8-hour ozone NAAQS (40 CFR 81.303). Therefore, these rules must implement RACT. Guidance and policy documents that we used to evaluate enforceability, revision/relaxation and rule stringency requirements for the applicable criteria pollutants include the following: 26805 text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, the EPA is proposing to incorporate by reference the MCAQD 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 persons identified in the FOR FURTHER INFORMATION CONTACT section of this preamble for more information). IV. Statutory and Executive Order Reviews 1. ‘‘State Implementation Plans; General Under the Clean Air Act, the Preamble for the Implementation of Title I of the Clean Air Act Amendments of 1990,’’ 57 Administrator is required to approve a FR 13498 (April 16, 1992); 57 FR 18070 SIP submission that complies with the (April 28, 1992). provisions of the Act and applicable 2. ‘‘Issues Relating to VOC Regulation federal regulations. 42 U.S.C. 7410(k); Cutpoints, Deficiencies, and Deviations,’’ 40 CFR 52.02(a). Thus, in reviewing SIP EPA, May 25, 1988 (the Bluebook, revised submissions, the EPA’s role is to January 11, 1990). approve state choices, provided that 3. ‘‘Guidance Document for Correcting they meet the criteria of the Clean Air Common VOC & Other Rule Deficiencies,’’ EPA Region 9, August 21, 2001 (the Little Act. Accordingly, this proposed action Bluebook). merely proposes to approve state law as 4. ‘‘Control of Volatile Organic Compound meeting federal requirements and does Emissions from Wood Furniture not impose additional requirements Manufacturing Operations,’’ EPA–453/R–96– beyond those imposed by state law. For 007, April 1996. that reason, this proposed action: 5. ‘‘Control of Volatile Organic Emissions • Is not a ‘‘significant regulatory from Existing Stationary Sources—Volume action’’ subject to review by the Office VIII: Graphic Arts—Rotogravure and Flexography,’’ EPA–450/2–78–033, December of Management and Budget under 1978. Executive Orders 12866 (58 FR 51735, 6. ‘‘Control Techniques Guidelines for October 4, 1993) and 13563 (76 FR 3821, Offset Lithographic Printing and Letterpress January 21, 2011); Printing,’’ EPA 453/R–06–002, September • is not an Executive Order 13771 (82 2006. FR 9339, February 2, 2017) regulatory B. Do the rules meet the evaluation action because SIP approvals are criteria? exempted under Executive Order 12866; • does not impose an information These rules are consistent with CAA collection burden under the provisions requirements and relevant guidance of the Paperwork Reduction Act (44 regarding enforceability, RACT and SIP U.S.C. 3501 et seq.); revisions. The TSDs have more • is certified as not having a information on our evaluation. significant economic impact on a C. The EPA’s Recommendations To substantial number of small entities Further Improve the Rules under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); The TSDs include recommendations • does not contain any unfunded for the next time the local agency mandate or significantly or uniquely modifies the rules. affect small governments, as described D. Public Comment and Proposed in the Unfunded Mandates Reform Act Action of 1995 (Pub. L. 104–4); As authorized in section 110(k)(3) of • does not have Federalism the Act, the EPA proposes to fully implications as specified in Executive approve the submitted rules because Order 13132 (64 FR 43255, August 10, they fulfill all relevant requirements. 1999); • is not an economically significant We will accept comments from the regulatory action based on health or public on this proposal until July 10, safety risks subject to Executive Order 2019. If we take final action to approve the submitted rules, our final action will 13045 (62 FR 19885, April 23, 1997); • is not a significant regulatory action incorporate these rules into the federally subject to Executive Order 13211 (66 FR enforceable SIP. 28355, May 22, 2001); III. Incorporation by Reference • is not subject to requirements of Section 12(d) of the National In this rule, the EPA is proposing to Technology Transfer and Advancement include in a final EPA rule regulatory PO 00000 Frm 00039 Fmt 4702 Sfmt 4702 E:\FR\FM\10JNP1.SGM 10JNP1 26806 Federal Register / Vol. 84, No. 111 / Monday, June 10, 2019 / Proposed Rules 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, Particulate matter, Reporting and recordkeeping requirements, Volatile organic compounds. Authority: 42 U.S.C. 7401 et seq. Dated: May 29, 2019. Deborah Jordan, Acting Regional Administrator, Region IX. [FR Doc. 2019–12177 Filed 6–7–19; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R08–OAR–2019–0268; FRL–9994–77– Region 8] Approval and Promulgation of Air Quality Implementation Plans; Montana; Incorporation by Reference Updates Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: The Environmental Protection Agency (EPA) is proposing to approve State Implementation Plan (SIP) revisions submitted by the State of Montana on August 6, 2018. The revisions include an update to incorporate by reference the 2016 version of the Code of Federal Regulations (CFR) and 2015 version of the United States Code (U.S.C.) within the Adminstrative Rules of Montana (ARM) that are part of the Montana SIP. The revisions also include administrative changes that consolidate khammond on DSKBBV9HB2PROD with PROPOSALS SUMMARY: VerDate Sep<11>2014 16:18 Jun 07, 2019 Jkt 247001 the ARM’s references to the CFR and U.S.C. and remove two CFR exemptions from incorporation by reference into the ARM. Additional revisions remove incorporation by reference of certain EPA standards for which the state already has delegated authority from the EPA, and correct an internal reference in the ARM. Comments: Written comments must be received on or before July 10, 2019. DATES: Submit your comments, identified by Docket ID No. EPA–R08– OAR–2019–0268, to the Federal Rulemaking Portal: https:// www.regulations.gov. Follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from www.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, the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit https://www2.epa.gov/dockets/ commenting-epa-dockets. Docket: All documents in the docket are listed in the www.regulations.gov index. Although listed in the index, some information is not publicly available, e.g., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, will be publicly available only in hard copy. Publicly available docket materials are available either electronically in www.regulations.gov or in hard copy at the Air and Radiation Division, Environmental Protection Agency (EPA), Region 8, 1595 Wynkoop Street, Denver, Colorado 80202–1129. The EPA requests that if at all possible, you contact the individual listed in the FOR FURTHER INFORMATION CONTACT section to view the hard copy of the docket. You may view the hard copy of the docket Monday through Friday, 8:00 a.m. to 4:00 p.m., excluding federal holidays. ADDRESSES: PO 00000 Frm 00040 Fmt 4702 Sfmt 4702 FOR FURTHER INFORMATION CONTACT: Chris Dresser, Air Quality Planning Branch, EPA, Region 8, Mailcode 8ARD–QP, 1595 Wynkoop Street, Denver, Colorado 80202–1129, (303) 312–6385, dresser.chris@epa.gov. I. Background On September 29, 2017, and February 9, 2018, the Montana Board of Environmental Review conducted public hearings pursuant to 40 CFR 51.102 to consider the adoption of revisions to the ARM. The approved changes were submitted to the EPA for approval into Montana’s SIP on August 6, 2018. The SIP submittal includes changes that: (1) Amend ARM 17.8.103, 17.8.302, 17.8.602, 17.8.767, 17.8.802, 17.8.902, 17.8.1002, 17.8.1102, and 17.8.1402 to remove repetitive text describing the location of rule reference material and centralize and consolidate those reference citations into sections 17.8.102(3) and (4); (2) Modify air quality rules by correcting an internal reference in ARM 17.8.904; (3) Amend ARM 17.8.102(2), to remove the exemptions of 40 CFR part 63, subparts JJJJJ and KKKKK; (4) Remove references to 40 CFR parts 60, 61, and 63 in sections 17.8.102(2), 17.8.103(1)(f)–(i), 17.8.302(1)(a)–(c), 17.8.767(1)(c)–(d), 17.8.802(1)(c)–(d), 17.8.902(1)(a)–(b), and 17.8.1002(1)(a)–(b), for which Montana is already delegated authority; and (5) Update ARM 17.8.102(1) to incorporate by reference the 2016 version of the CFR and the 2015 version of the U.S.C. II. Analysis of the State’s Submittal The EPA evaluated the proposed SIP revisions (amendments to the ARM) submitted by the State on August 6, 2018. The subsequent analysis for each rule change in the SIP is as follows: (1) The State of Montana is requesting that the EPA revise the SIP to remove text in ARM sections 17.8.103, 17.8.302, 17.8.602, 17.8.767, 17.8.802, 17.8.902, 17.8.1002, 17.8.1102, and 17.8.1402 describing the location of references to the CFR and U.S.C. The location of rule reference material would be consolidated into ARM sections 17.8.102(3) and (4). Identifying this information once, in the General Provisions of ARM 17.8.102(3) and (4), would eliminate repetition of the information in ARM 17.8.103, 17.8.302, 17.8.602, 17.8.767, 17.8.802, 17.8.902, 17.8.1002, 17.8.1102 and 17.8.1402. The EPA proposes to find that this revision is necessary and appropriate to efficiently describe the location of referenced material. (2) The State of Montana is requesting to revise the SIP to incorporate an amendment to ARM 17.8.904(7) which corrects an internal reference. In 2011, the State amended the rule, which was submitted to the EPA the following year for inclusion in E:\FR\FM\10JNP1.SGM 10JNP1

Agencies

[Federal Register Volume 84, Number 111 (Monday, June 10, 2019)]
[Proposed Rules]
[Pages 26804-26806]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-12177]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2019-0105; FRL-994-97-Region 9]


Air Plan Approval; Arizona; Maricopa County Air Quality 
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) 
portion of the Arizona State Implementation Plan (SIP). These revisions 
concern emissions of volatile organic compounds (VOCs) from graphic 
arts and from coating of wood furniture and fixtures. We are proposing 
to approve two local rules to regulate these emission sources under the 
Clean Air Act (CAA or the Act). We are taking comments on this proposal 
and plan to follow with a final action.

DATES: Any comments must arrive by July 10, 2019.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2019-0105 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: Nicole Law or Robert Schwartz, EPA 
Region IX, 75 Hawthorne Street, San Francisco, CA 94105, (415) 947-4126 
or (415) 972-3286, [email protected] or [email protected].

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

Table of Contents

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

I. The State's Submittal

A. What rules did the State submit?

    Table 1 lists the rules 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.

                                            Table 1--Submitted Rules
----------------------------------------------------------------------------------------------------------------
                                                                                     Adopted/
         Local agency                    Rule No.                 Rule title         amended/        Submitted
                                                                                      revised
----------------------------------------------------------------------------------------------------------------
MCAQD........................  337.........................  Graphic Arts.......      08/17/2011      01/15/2014
MCAQD........................  342.........................  Coating Wood             11/02/2016      06/22/2017
                                                              Furniture and
                                                              Fixtures.
----------------------------------------------------------------------------------------------------------------

    On March 5, 2014, the EPA determined that the submittal for MCAQD 
Rule 337 met the completeness criteria in 40 CFR part 51 Appendix V, 
which must be met before formal EPA review.
    On December 22, 2017, the submittal for MCAQD Rule 342 was deemed 
by operation of law to meet the completeness criteria in 40 CFR part 51 
Appendix V, which must be met before formal EPA review.

B. Are there other versions of these rules?

    We approved earlier versions of Rule 337 and Rule 342 into the SIP 
on February 9, 1998 (63 FR 6489). The MCAQD adopted revisions to the 
SIP-approved version of Rule 337 on August

[[Page 26805]]

17, 2011, and the Arizona Department of Environmental Quality (ADEQ) 
submitted them to us on January 15, 2014. The MCAQD adopted revisions 
to the SIP-approved version of Rule 342 on November 2, 2016, and the 
ADEQ submitted them to us on June 22, 2017.

C. What is the purpose of the submitted rule revisions?

    Emissions of VOCs contribute to 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 emissions. The current SIP-approved Rule 337 contains VOC 
limits for various graphic arts materials and cleaning solutions 
associated with lithographic printing. It also contains requirements 
pertaining to labeling, operation and maintenance plans, monitoring, 
recordkeeping, reporting, and test methods. The submitted revisions 
expand requirements for specific types of graphic arts operations such 
as lithographic and letter press operations, rotogravure and 
flexographic operations, and screen-printing operations. A work 
practice section was also added describing VOC material use, storage 
and disposal, and minimization of spills.
    The current SIP-approved Rule 342 establishes VOC content limits 
and workplace standards for all persons involved in the surface 
preparation and coating of wood furniture and fixtures. Revisions to 
the SIP-approved rule include the addition of leak detection and repair 
requirements, annual operator training requirements, and more 
comprehensive recordkeeping requirements; updates to definitions; 
revised test methods; and removal of outdated compliance dates and 
spray gun tagging requirements. The EPA's technical support documents 
(TSDs) have more information about these rules.

II. The EPA's Evaluation and Action

A. How is the EPA evaluating the rules?

    Rules in the SIP must be enforceable (see CAA section 110(a)(2)), 
must not interfere with applicable requirements concerning attainment 
and reasonable further progress or other CAA requirements (see CAA 
section 110(l)), and must not modify certain SIP control requirements 
in nonattainment areas without ensuring equivalent or greater emissions 
reductions (see CAA section 193).
    Generally, SIP rules must require Reasonably Available Control 
Technology (RACT) for each category of sources covered by a Control 
Techniques Guidelines (CTG) document as well as each major source of 
VOCs in ozone nonattainment areas classified as Moderate or above (see 
CAA section 182(b)(2)). The MCAQD regulates an ozone nonattainment area 
classified as Moderate for the 2008 8-hour ozone NAAQS (40 CFR 81.303). 
Therefore, these rules must implement RACT.
    Guidance and policy documents that we used to evaluate 
enforceability, revision/relaxation and rule stringency requirements 
for the applicable criteria pollutants 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. ``Issues Relating to VOC Regulation Cutpoints, Deficiencies, 
and Deviations,'' EPA, May 25, 1988 (the Bluebook, revised January 
11, 1990).
    3. ``Guidance Document for Correcting Common VOC & Other Rule 
Deficiencies,'' EPA Region 9, August 21, 2001 (the Little Bluebook).
    4. ``Control of Volatile Organic Compound Emissions from Wood 
Furniture Manufacturing Operations,'' EPA-453/R-96-007, April 1996.
    5. ``Control of Volatile Organic Emissions from Existing 
Stationary Sources--Volume VIII: Graphic Arts--Rotogravure and 
Flexography,'' EPA-450/2-78-033, December 1978.
    6. ``Control Techniques Guidelines for Offset Lithographic 
Printing and Letterpress Printing,'' EPA 453/R-06-002, September 
2006.

B. Do the rules meet the evaluation criteria?

    These rules are consistent with CAA requirements and relevant 
guidance regarding enforceability, RACT and SIP revisions. The TSDs 
have more information on our evaluation.

C. The EPA's Recommendations To Further Improve the Rules

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

D. Public Comment and Proposed Action

    As authorized in section 110(k)(3) of the Act, the EPA proposes to 
fully approve the submitted rules because they fulfill all relevant 
requirements. We will accept comments from the public on this proposal 
until July 10, 2019. If we take final action to approve the submitted 
rules, our final action will incorporate these rules into the federally 
enforceable SIP.

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 MCAQD 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 persons 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);
     is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866;
     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

[[Page 26806]]

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, Particulate matter, 
Reporting and recordkeeping requirements, Volatile organic compounds.

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

    Dated: May 29, 2019.
Deborah Jordan,
Acting Regional Administrator, Region IX.
[FR Doc. 2019-12177 Filed 6-7-19; 8:45 am]
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