Air Plan Approval; Arizona; Maricopa County Air Quality Department, 26804-26806 [2019-12177]
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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.
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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
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operation of law to meet the
completeness criteria in 40 CFR part 51
Appendix V, which must be met before
formal EPA review.
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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
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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
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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
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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
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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
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SUMMARY:
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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:
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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
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]]>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.
-----------------------------------------------------------------------
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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