Partial Approval, Partial Disapproval and Limited Approval, Limited Disapproval of Arizona Air Plan Revisions; Pinal County Air Quality Control District, 39196-39201 [2019-16786]
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Federal Register / Vol. 84, No. 154 / Friday, August 9, 2019 / Rules and Regulations
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Dated: August 1, 2019.
Thomas C.J. Doolittle,
Acting Assistant Regional Director, U.S. Fish
and Wildlife Service.
Dated: August 1, 2019.
Thomas Whitford,
Subsistence Program Leader, USDA–Forest
Service.
[FR Doc. 2019–16870 Filed 8–8–19; 8:45 am]
BILLING CODE 4333–15–P; 3411–15–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2019–0159; FRL–9997–66–
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).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is finalizing a partial
approval and partial disapproval of
revisions to the Pinal County Air
Quality Control District (PCAQCD)
portion of the Arizona State
Implementation Plan (SIP). This action
concerns the District’s demonstration
regarding reasonably available control
technology (RACT) requirements and
negative declarations for the 2008 8hour ozone National Ambient Air
SUMMARY:
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 finalizing a limited
approval and limited disapproval of two
PCAQCD rules that regulate emissions
from surface coating operations and
gasoline dispensing stations that were
submitted with its RACT SIP
demonstration. This partial disapproval
of the RACT SIP and limited
disapproval of two PCAQCD rules will
trigger sanctions clocks under the CAA
that will be stopped if the EPA approves
subsequent SIP revisions that correct the
rule and RACT SIP deficiencies within
18 months of the effective date of this
final action. Under the authority of the
Clean Air Act (CAA or the Act), this
action simultaneously approves the
PCAQCD rules for surface coating
operations and storage and loading of
gasoline at gasoline dispensing facilities
and directs Arizona to correct the rule
deficiencies.
DATES: These rules will be effective on
September 9, 2019.
ADDRESSES: The EPA has established a
docket for this action under Docket No.
EPA–R09–OAR–2019–0159. All
documents in the docket are listed on
the https://www.regulations.gov
website. Although listed in the docket,
some information is not publicly
available, e.g., Confidential Business
Information or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available through https://
www.regulations.gov, or please contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section for
additional availability information.
FOR FURTHER INFORMATION CONTACT:
Stanley Tong, EPA Region IX—(Air 3–
2), 75 Hawthorne St., San Francisco, CA
94105. By phone: (415) 947–4122 or by
email at tong.stanley@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us’’
and ‘‘our’’ refer to the EPA.
Table of Contents
I. Proposed Action
II. EPA Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews
I. Proposed Action
On May 13, 2019 (84 FR 20838), the
EPA proposed to partially approve and
partially disapprove PCAQCD’s 2016
RACT SIP (‘‘2016 RACT SIP’’)
demonstration and negative declarations
for the 2008 8-hour ozone NAAQS. Our
notice also proposed a limited approval
and limited disapproval of the following
two PCAQCD rules that were submitted
with the 2016 RACT SIP: Chapter 5,
Article 13, Surface Coating Operations,
and Chapter 5, Article 20, Storage and
Loading of Gasoline at Gasoline
Dispensing Facilities. Table 1 lists the
documents that were submitted by the
Arizona Department of Environmental
Quality (ADEQ) for incorporation into
the Arizona SIP and were the subject of
our May 13, 2019 proposed rulemaking
action.
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’’ .........................................................................................
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’’ ..........................................................................................
PCAQCD .......
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PCAQCD .......
PCAQCD’s 2016 RACT SIP provides
the District’s demonstration that the
applicable SIP for the PCAQCD satisfies
CAA section 182 RACT requirements for
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Adopted
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
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Submitted
11/30/2016
2/3/2017
11/30/2016
2/3/2017
11/30/2016
2/3/2017
categories for which the EPA has issued
a Control Techniques Guidelines (CTG)
document, and (2) major non-CTG
stationary sources of Volatile Organic
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Compounds (VOCs) or oxides of
nitrogen (NOX).
With respect to CTG source
categories, PCAQCD determined that it
only had sources subject to the CTGs
covering surface coating operations and
gasoline dispensing 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 proposed a limited approval for
these two rules because we determined
that they improve the SIP and are
largely consistent with the relevant CAA
requirements. We simultaneously
proposed a limited disapproval because
some rule provisions conflict with
section 110 and part D of the Act. Our
proposed action determined that Article
13 did not incorporate all the
recommended metal parts coating
categories from the Miscellaneous Metal
and Plastic Parts CTG and allows some
exemptions not found in the CTG. We
also determined that Article 20 needed
to be strengthened to correct an
enforceability issue.
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.
We proposed a partial approval and
partial disapproval of the 2016 RACT
SIP because while we determined that
the District’s negative declarations listed
in its 2016 RACT SIP Appendix C
largely addressed the required RACT
elements, the District had not adopted a
negative declaration or a RACT rule for
major stationary sources of VOC or NOx,
cutback asphalt, and certain sections of
the Miscellaneous Metal and Plastic
Parts CTG.
Our proposed action contains more
information on the basis for this
rulemaking and on our evaluation of the
submittal.
II. EPA Action
The EPA’s proposed action provided
a 30-day public comment period. No
comments were submitted. Therefore, as
authorized in sections 110(k)(3) and
301(a) of the Act, the EPA is finalizing
a limited approval of Articles 13 and 20.
This action incorporates the submitted
rules into the PCAQCD portion of the
Arizona SIP, including those provisions
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identified as deficient. The approval of
Articles 13 and 20 is limited because the
EPA is simultaneously finalizing a
limited disapproval of Articles 13 and
20 under 110(k)(3). This limited
disapproval will trigger sanctions clocks
under CAA section 179 and 40 CFR
52.31 that will be stopped if the EPA
approves subsequent SIP revisions that
correct the rule deficiencies within 18
months of the effective date of today’s
final action.
Note that Articles 13 and 20 have
been adopted by the PCAQCD, and the
EPA’s final limited disapproval will not
prevent the local agency from enforcing
them. The limited disapproval also will
not prevent any portion of the rules
from being incorporated by reference
into the federally enforceable SIP as
discussed in the 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,’’ currently
available at https://www.epa.gov/sites/
production/files/2015-07/documents/
procsip.pdf.
As authorized in sections 110(k)(3)
and 301(a) of the Act, the EPA is also
finalizing a partial approval of
PCAQCD’s 2016 RACT SIP. This action
incorporates the 2016 RACT SIP
including the RACT certification and
negative declarations into the Pinal
County portion of the Arizona SIP. The
EPA is simultaneously finalizing a
partial disapproval of the 2016 RACT
SIP under 110(k)(3). This partial
disapproval of the 2016 RACT SIP will
trigger sanctions clocks under CAA
section 179 and 40 CFR 52.31 that will
be stopped if the EPA approves
subsequent SIP revisions that correct the
deficiencies within 18 months of the
effective date of today’s final action.
The first sanction, the offset sanction
in CAA section 179(b)(2), would apply
within 18 months of the effective date
of today’s final action. The highway
funding sanctions in CAA section
179(b)(1) would apply in the area six
months after the offset sanction is
imposed. Neither sanction will be
imposed under the CAA if Arizona
submits and we approve, prior to the
implementation of sanctions, SIP
revisions that correct the RACT
deficiencies identified in our proposed
action. In addition to the sanctions,
CAA section 110(c)(1) provides that the
EPA must promulgate a federal
implementation plan (FIP) addressing
the deficient RACT elements two years
after the effective date of this rule if we
have not approved a SIP revision
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39197
correcting the deficiencies within two
years.
We note that PCAQCD will not be
required to submit a revised CAA
section 182 RACT SIP demonstration for
the 2008 8-hour ozone NAAQS if the
rule revisions required by this action
correct the identified deficiencies to
satisfy current RACT requirements, the
District adopts the necessary negative
declarations for its 2016 RACT SIP, and
the EPA fully approves the submitted
documents into the SIP.
III. Incorporation by Reference
In this rule, the EPA is finalizing
regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, the EPA is finalizing the
incorporation by reference of the
PCAQCD rules described in the
amendments to 40 CFR part 52 set forth
below. Therefore, these materials have
been approved by the EPA for inclusion
in the Arizona SIP, have been
incorporated by reference by the EPA
into that plan, are fully federally
enforceable under sections 110 and 113
of the CAA as of the effective date of the
final rulemaking of the EPA’s approval,
and will be incorporated by reference in
the next update to the SIP compilation.1
The EPA has made, and will continue
to make, these documents available
through https://www.regulations.gov
and at the EPA Region IX Office (please
contact the person identified in the FOR
FURTHER INFORMATION CONTACT section of
this preamble for more information).
IV. Statutory and Executive Order
Reviews
Additional information about these
statutes and Executive Orders can be
found at https://www2.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 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 action is not an Executive Order
13771 regulatory action because SIP
approvals, including limited approvals,
are exempted under Executive Order
12866.
1 62
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FR 27968 (May 22, 1997).
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C. Paperwork Reduction Act (PRA)
This 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 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 action does 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
action.
F. Executive Order 13132: Federalism
This 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 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 action.
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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
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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 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 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
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.
L. Congressional Review Act (CRA)
This action is subject to the CRA, and
the EPA will submit a rule report to
each House of the Congress and to the
Comptroller General of the United
States. This action is not a ‘‘major rule’’
as defined by 5 U.S.C. 804(2).
M. Petitions for Judicial Review
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by October 8, 2019.
Filing a petition for reconsideration by
the Administrator of this final rule does
not affect the finality of this rule for the
purposes of judicial review nor does it
extend the time within which a petition
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for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action. This action may not
be challenged later in proceedings to
enforce its requirements (see section
307(b)(2)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Reporting and
recordkeeping requirements, Volatile
organic compounds.
Dated: July 23, 2019.
Michael Stoker,
Regional Administrator, Region IX.
Part 52, Chapter I, Title 40 of the Code
of Federal Regulations is amended as
follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for Part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart D—Arizona
2. Section 52.120 is amended by:
a. In paragraph (c), Table 9, under the
heading ‘‘Chapter 5. Stationary Source
Performance Standards’’ adding entries
for ‘‘5–13–100’’, ‘‘5–13–200’’, ‘‘5–13–
300’’, ‘‘5–13–400’’, ‘‘5–13–500’’, ‘‘5–20–
100’’, ‘‘5–20–200’’, ‘‘5–20–300’’, ‘‘5–20–
400’’ and ‘‘5–20–500’’ in numerical
order, and;
■ b. In paragraph (e), Table 1, under the
subheading ‘‘Part D Elements and Plans
for the Metropolitan Phoenix and
Tucson Areas’’ adding an entry for
‘‘Reasonably Available Control
Technology (RACT) Analysis, Negative
Declaration and Rules Adoption’’ after
the entry for ‘‘Maricopa Association of
Governments (MAG) 1987 Carbon
Monoxide (CO) Plan for the Maricopa
County Area, MAG CO Plan
Commitments for Implementation, and
Appendix A through E, Exhibit 4,
Exhibit D.’’
The additions to read as follows:
■
■
§ 52.120
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Identification of plan.
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(c) * * *
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TABLE 9—EPA-APPROVED PINAL COUNTY AIR POLLUTION CONTROL REGULATIONS
County citation
Title/subject
*
State effective date
*
*
EPA approval date
*
Additional explanation
*
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*
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Chapter 5. Stationary Source Performance Standards
5–13– Surface Coating Oper100.
ations—General.
January 1, 2017 ....................................
August 9, 2019, [INSERT
Federal Register CITATION].
5–13– Definitions ....................
200.
January 1, 2017 ....................................
August 9, 2019, [INSERT
Federal Register CITATION].
5–13– Standards ....................
300.
January 1, 2017 ....................................
August 9, 2019, [INSERT
Federal Register CITATION].
5–13– Administrative Require400.
ments.
January 1, 2017 ....................................
August 9, 2019, [INSERT
Federal Register CITATION].
5–13– Monitoring and
500.
Records.
January 1, 2017 ....................................
August 9, 2019, [INSERT
Federal Register CITATION].
*
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5–20– Storage and Loading of
100.
Gasoline at Gasoline
Dispensing Facilities—General.
*
*
January 1, 2017 ....................................
*
August 9, 2019, [INSERT
Federal Register CITATION].
5–20– Definitions ....................
200.
January 1, 2017 ....................................
August 9, 2019, [INSERT
Federal Register CITATION].
5–20– Standards ....................
300.
January 1, 2017 ....................................
August 9, 2019, [INSERT
Federal Register CITATION].
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Adopted by Pinal County on November
30, 2016. Submitted on February 3,
2017. The RACT rule for Surface
Coating Operations consists of Pinal
County Air Quality Control District
sections 5–13–100, 5–13–200, 5–
13–300, 5–13–400, and 5–13–500.
Adopted by Pinal County on November
30, 2016. Submitted on February 3,
2017. The RACT rule for Surface
Coating Operations consists of Pinal
County Air Quality Control District
sections 5–13–100, 5–13–200, 5–
13–300, 5–13–400, and 5–13–500.
Adopted by Pinal County on November
30, 2016. Submitted on February 3,
2017. The RACT rule for Surface
Coating Operations consists of Pinal
County Air Quality Control District
sections 5–13–100, 5–13–200, 5–
13–300, 5–13–400, and 5–13–500.
Section 5–13–390 is not part of the
SIP.
Adopted by Pinal County on November
30, 2016. Submitted on February 3,
2017. The RACT rule for Surface
Coating Operations consists of Pinal
County Air Quality Control District
sections 5–13–100, 5–13–200, 5–
13–300, 5–13–400, and 5–13–500.
Adopted by Pinal County on November
30, 2016. Submitted on February 3,
2017. The RACT rule for Surface
Coating Operations consists of Pinal
County Air Quality Control District
sections 5–13–100, 5–13–200, 5–
13–300, 5–13–400, and 5–13–500.
*
*
Adopted by Pinal County on November
30, 2016. Submitted on February 3,
2017. The RACT rule for Storage
and Loading of Gasoline at Gasoline
Dispensing Facilities consists of
Pinal County Air Quality Control District sections 5–20–100, 5–20–200,
5–20–300, 5–20–400, and 5–20–
500.
Adopted by Pinal County on November
30, 2016. Submitted on February 3,
2017. The RACT rule for Storage
and Loading of Gasoline at Gasoline
Dispensing Facilities consists of
Pinal County Air Quality Control District sections 5–20–100, 5–20–200,
5–20–300, 5–20–400, and 5–20–
500.
Adopted by Pinal County on November
30, 2016. Submitted on February 3,
2017. The RACT rule for Storage
and Loading of Gasoline at Gasoline
Dispensing Facilities consists of
Pinal County Air Quality Control District sections 5–20–100, 5–20–200,
5–20–300, 5–20–400, and 5–20–
500.
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TABLE 9—EPA-APPROVED PINAL COUNTY AIR POLLUTION CONTROL REGULATIONS—Continued
County citation
Title/subject
State effective date
EPA approval date
Additional explanation
5–20– Administrative Require400.
ments.
January 1, 2017 ....................................
August 9, 2019, [INSERT
Federal Register CITATION].
5–20– Monitoring and
500.
Records.
January 1, 2017 ....................................
August 9, 2019, [INSERT
Federal Register CITATION].
Adopted by Pinal County on November
30, 2016. Submitted on February 3,
2017. The RACT rule for Storage
and Loading of Gasoline at Gasoline
Dispensing Facilities consists of
Pinal County Air Quality Control District sections 5–20–100, 5–20–200,
5–20–300, 5–20–400, and 5–20–
500.
Adopted by Pinal County on November
30, 2016. Submitted on February 3,
2017. The RACT rule for Storage
and Loading of Gasoline at Gasoline
Dispensing Facilities consists of
Pinal County Air Quality Control District sections 5–20–100, 5–20–200,
5–20–300, 5–20–400, and 5–20–
500.
*
*
*
*
*
*
*
*
*
*
*
*
(e) * * *
TABLE 1—EPA-APPROVED NON-REGULATORY AND QUASI-REGULATORY MEASURES
[Excluding certain resolutions and statutes, which are listed in tables 2 and 3, respectively] 1
Applicable
geographic or
nonattainment area or
title/subject
Name of SIP provision
State submittal date
EPA approval date
Explanation
The State of Arizona Air Pollution Control Implementation Plan
*
*
*
*
*
*
*
Part D Elements and Plans for the Metropolitan Phoenix and Tucson Areas
*
*
Reasonably Available Control Technology
(RACT) Analysis, Negative Declaration and
Rules Adoption.
*
*
Pinal County
portion of
PhoenixMesa nonattainment
area for
2008 8hour ozone
NAAQS.
*
*
*
February 3, 2017 .......
*
*
*
August 9, 2019, [INSERT
Federal Register CITATION].
*
*
*
RACT SIP submittal for
Apache Junction (Pinal
County portion of Phoenix-Mesa ozone nonattainment area). Adopted by the Pinal County
Air Quality Control District on November 30,
2016.
*
1 Table
1 is divided into three parts: Clean Air Act Section 110(a)(2) State Implementation Plan Elements (excluding Part D Elements and
Plans), Part D Elements and Plans (other than for the Metropolitan Phoenix or Tucson Areas), and Part D Elements and Plans for the Metropolitan Phoenix and Tucson Areas.
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*
*
*
§ 52.122
*
3. Section 52.122 is amended by
adding paragraph (a)(2) as follows:
■
Negative declarations.
*
*
*
*
*
(a) * * *
(2) Pinal County Air Quality Control
District.
EPA document No.
EPA–450/2–77–008 ........
EPA–450/2–77–008 ........
VerDate Sep<11>2014
(i) The following negative
declarations for the 2008 ozone NAAQS
were adopted on November 30, 2016
and submitted on February 3, 2017.
Title
Surface Coating of Cans.
Surface Coating of Coils.
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EPA document No.
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 ........
Title
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.
(ii) [Reserved]
4. Section 52.124 is amended by
adding paragraph (b) to read as follows:
■
§ 52.124
khammond on DSKBBV9HB2PROD with RULES
*
*
*
*
*
(b) The following Reasonably
Available Control Technology (RACT)
determinations are disapproved because
they do not meet the requirements of
Part D of the Clean Air Act.
(1) Pinal County Air Quality Control
District.
(i) RACT determinations for the
Control of Volatile Organic Emissions
from Use of Cutback Asphalt (EPA–450/
2–77–037), major NOX, and major VOC
source categories, in the submittal titled
‘‘Reasonability Available Control
Technology (RACT) Analysis, Negative
Declaration and Rules Adoption,’’ dated
November 30, 2016, as adopted on
November 30, 2016 and submitted on
February 3, 2017.
(ii) [Reserved]
(2) [Reserved]
Defense Acquisition Regulations
System
[FR Doc. 2019–16786 Filed 8–8–19; 8:45 am]
BILLING CODE 6560–50–P
15:42 Aug 08, 2019
Jkt 247001
48 CFR Parts 203 and 252
[Docket DARS–2019–0042]
RIN 0750–AK48
Defense Federal Acquisition
Regulation Supplement: Modification
of DFARS Clauses Related to the
Display of Hotline Posters (DFARS
Case 2019–D011)
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Final rule.
AGENCY:
DoD is issuing a final rule
amending the Defense Federal
Acquisition Regulation Supplement
(DFARS) to update contact information
in two DFARS clauses that address the
display of hotline posters.
DATES: Effective August 9, 2019.
SUMMARY:
PO 00000
Frm 00027
Fmt 4700
Sfmt 4700
Ms.
Carrie Moore, telephone 571–372–6093.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
DEPARTMENT OF DEFENSE
Part D disapproval.
VerDate Sep<11>2014
39201
I. Background
DoD is amending the DFARS to
update the DoD hotline poster online
address included in DFARS clause
252.203–7004, Display of Hotline
Posters, and to update the DoD Office of
the Inspector General (OIG) contact
information in DFARS clause 252.203–
7003, Agency Office of the Inspector
General.
DFARS clause 252.203–7004 is
included in noncommercial solicitations
and contracts with an estimated value
exceeding $5 million, in lieu of the
clause at Federal Acquisition Regulation
(FAR) 52.203–14, Display of Hotline
Posters. The DFARS clause requires
contractors to display DoD hotline
posters when contract performance is in
the United States or overseas and
provides contractors with an online
address to use to obtain the current DoD
hotline poster. This rule updates the
DoD hotline poster online address in the
clause, which is no longer accurate.
E:\FR\FM\09AUR1.SGM
09AUR1
]]>Agencies
[Federal Register Volume 84, Number 154 (Friday, August 9, 2019)]
[Rules and Regulations]
[Pages 39196-39201]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-16786]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2019-0159; FRL-9997-66-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: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is finalizing a
partial approval and partial disapproval of revisions to the Pinal
County Air Quality Control District (PCAQCD) portion of the Arizona
State Implementation Plan (SIP). This action concerns 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 finalizing a limited
approval and limited disapproval of two PCAQCD rules that regulate
emissions from surface coating operations and gasoline dispensing
stations that were submitted with its RACT SIP demonstration. This
partial disapproval of the RACT SIP and limited disapproval of two
PCAQCD rules will trigger sanctions clocks under the CAA that will be
stopped if the EPA approves subsequent SIP revisions that correct the
rule and RACT SIP deficiencies within 18 months of the effective date
of this final action. Under the authority of the Clean Air Act (CAA or
the Act), this action simultaneously approves the PCAQCD rules for
surface coating operations and storage and loading of gasoline at
gasoline dispensing facilities and directs Arizona to correct the rule
deficiencies.
DATES: These rules will be effective on September 9, 2019.
ADDRESSES: The EPA has established a docket for this action under
Docket No. EPA-R09-OAR-2019-0159. All documents in the docket are
listed on the https://www.regulations.gov website. Although listed in
the docket, some information is not publicly available, e.g.,
Confidential Business Information or other information whose disclosure
is restricted by statute. Certain other material, such as copyrighted
material, is not placed on the internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available through https://www.regulations.gov, or please contact the
person identified in the FOR FURTHER INFORMATION CONTACT section for
additional availability information.
FOR FURTHER INFORMATION CONTACT: Stanley Tong, EPA Region IX--(Air 3-
2), 75 Hawthorne St., San Francisco, CA 94105. By phone: (415) 947-4122
or by email at [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to the EPA.
Table of Contents
I. Proposed Action
II. EPA Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews
I. Proposed Action
On May 13, 2019 (84 FR 20838), the EPA proposed to partially
approve and partially disapprove PCAQCD's 2016 RACT SIP (``2016 RACT
SIP'') demonstration and negative declarations for the 2008 8-hour
ozone NAAQS. Our notice also proposed a limited approval and limited
disapproval of the following two PCAQCD rules that were submitted with
the 2016 RACT SIP: Chapter 5, Article 13, Surface Coating Operations,
and Chapter 5, Article 20, Storage and Loading of Gasoline at Gasoline
Dispensing Facilities. Table 1 lists the documents that were submitted
by the Arizona Department of Environmental Quality (ADEQ) for
incorporation into the Arizona SIP and were the subject of our May 13,
2019 proposed rulemaking action.
Table 1--Submitted Documents
------------------------------------------------------------------------
Local agency Document Adopted Submitted
------------------------------------------------------------------------
PCAQCD............ Reasonably Available 11/30/2016 2/3/2017
Control Technology
(RACT) Analysis,
Negative
Declaration and
Rules Adoption.
PCAQCD............ Chapter 5, Article 11/30/2016 2/3/2017
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''.
Note: the submittal
explicitly excludes
5-13-390 ``Spray
Paint and Other
Surface Coating
Operations'' (as
amended 10/12/95)..
PCAQCD............ Chapter 5, Article 11/30/2016 2/3/2017
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''.
------------------------------------------------------------------------
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 the EPA has issued a
Control Techniques Guidelines (CTG) document, and (2) major non-CTG
stationary sources of Volatile Organic
[[Page 39197]]
Compounds (VOCs) or oxides of nitrogen (NOX).
With respect to CTG source categories, PCAQCD determined that it
only had sources subject to the CTGs covering surface coating
operations and gasoline dispensing 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 proposed a limited approval for these two rules because we
determined that they improve the SIP and are largely consistent with
the relevant CAA requirements. We simultaneously proposed a limited
disapproval because some rule provisions conflict with section 110 and
part D of the Act. Our proposed action determined that Article 13 did
not incorporate all the recommended metal parts coating categories from
the Miscellaneous Metal and Plastic Parts CTG and allows some
exemptions not found in the CTG. We also determined that Article 20
needed to be strengthened to correct an enforceability issue.
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.
We proposed a partial approval and partial disapproval of the 2016
RACT SIP because while we determined that the District's negative
declarations listed in its 2016 RACT SIP Appendix C largely addressed
the required RACT elements, the District had not adopted a negative
declaration or a RACT rule for major stationary sources of VOC or NOx,
cutback asphalt, and certain sections of the Miscellaneous Metal and
Plastic Parts CTG.
Our proposed action contains more information on the basis for this
rulemaking and on our evaluation of the submittal.
II. EPA Action
The EPA's proposed action provided a 30-day public comment period.
No comments were submitted. Therefore, as authorized in sections
110(k)(3) and 301(a) of the Act, the EPA is finalizing a limited
approval of Articles 13 and 20. This action incorporates the submitted
rules into the PCAQCD portion of the Arizona SIP, including those
provisions identified as deficient. The approval of Articles 13 and 20
is limited because the EPA is simultaneously finalizing a limited
disapproval of Articles 13 and 20 under 110(k)(3). This limited
disapproval will trigger sanctions clocks under CAA section 179 and 40
CFR 52.31 that will be stopped if the EPA approves subsequent SIP
revisions that correct the rule deficiencies within 18 months of the
effective date of today's final action.
Note that Articles 13 and 20 have been adopted by the PCAQCD, and
the EPA's final limited disapproval will not prevent the local agency
from enforcing them. The limited disapproval also will not prevent any
portion of the rules from being incorporated by reference into the
federally enforceable SIP as discussed in the 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,'' currently
available at https://www.epa.gov/sites/production/files/2015-07/documents/procsip.pdf.
As authorized in sections 110(k)(3) and 301(a) of the Act, the EPA
is also finalizing a partial approval of PCAQCD's 2016 RACT SIP. This
action incorporates the 2016 RACT SIP including the RACT certification
and negative declarations into the Pinal County portion of the Arizona
SIP. The EPA is simultaneously finalizing a partial disapproval of the
2016 RACT SIP under 110(k)(3). This partial disapproval of the 2016
RACT SIP will trigger sanctions clocks under CAA section 179 and 40 CFR
52.31 that will be stopped if the EPA approves subsequent SIP revisions
that correct the deficiencies within 18 months of the effective date of
today's final action.
The first sanction, the offset sanction in CAA section 179(b)(2),
would apply within 18 months of the effective date of today's final
action. The highway funding sanctions in CAA section 179(b)(1) would
apply in the area six months after the offset sanction is imposed.
Neither sanction will be imposed under the CAA if Arizona submits and
we approve, prior to the implementation of sanctions, SIP revisions
that correct the RACT deficiencies identified in our proposed action.
In addition to the sanctions, CAA section 110(c)(1) provides that the
EPA must promulgate a federal implementation plan (FIP) addressing the
deficient RACT elements two years after the effective date of this rule
if we have not approved a SIP revision correcting the deficiencies
within two years.
We note that PCAQCD will not be required to submit a revised CAA
section 182 RACT SIP demonstration for the 2008 8-hour ozone NAAQS if
the rule revisions required by this action correct the identified
deficiencies to satisfy current RACT requirements, the District adopts
the necessary negative declarations for its 2016 RACT SIP, and the EPA
fully approves the submitted documents into the SIP.
III. Incorporation by Reference
In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, the EPA is finalizing the incorporation by reference of the
PCAQCD rules described in the amendments to 40 CFR part 52 set forth
below. Therefore, these materials have been approved by the EPA for
inclusion in the Arizona SIP, have been incorporated by reference by
the EPA into that plan, are fully federally enforceable under sections
110 and 113 of the CAA as of the effective date of the final rulemaking
of the EPA's approval, and will be incorporated by reference in the
next update to the SIP compilation.\1\ The EPA has made, and will
continue to make, these documents available through https://www.regulations.gov and at the EPA Region IX Office (please contact the
person identified in the FOR FURTHER INFORMATION CONTACT section of
this preamble for more information).
---------------------------------------------------------------------------
\1\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------
IV. Statutory and Executive Order Reviews
Additional information about these statutes and Executive Orders
can be found at https://www2.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 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 action is not an Executive Order 13771 regulatory action
because SIP approvals, including limited approvals, are exempted under
Executive Order 12866.
[[Page 39198]]
C. Paperwork Reduction Act (PRA)
This 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 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 action does 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 action.
F. Executive Order 13132: Federalism
This 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 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 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 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 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 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.
L. Congressional Review Act (CRA)
This action is subject to the CRA, and the EPA will submit a rule
report to each House of the Congress and to the Comptroller General of
the United States. This action is not a ``major rule'' as defined by 5
U.S.C. 804(2).
M. Petitions for Judicial Review
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by October 8, 2019. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule for the purposes of judicial
review nor does it extend the time within which a petition for judicial
review may be filed, and shall not postpone the effectiveness of such
rule or action. This action may not be challenged later in proceedings
to enforce its requirements (see section 307(b)(2)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.
Dated: July 23, 2019.
Michael Stoker,
Regional Administrator, Region IX.
Part 52, Chapter I, Title 40 of the Code of Federal Regulations is
amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for Part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart D--Arizona
0
2. Section 52.120 is amended by:
0
a. In paragraph (c), Table 9, under the heading ``Chapter 5. Stationary
Source Performance Standards'' adding entries for ``5-13-100'', ``5-13-
200'', ``5-13-300'', ``5-13-400'', ``5-13-500'', ``5-20-100'', ``5-20-
200'', ``5-20-300'', ``5-20-400'' and ``5-20-500'' in numerical order,
and;
0
b. In paragraph (e), Table 1, under the subheading ``Part D Elements
and Plans for the Metropolitan Phoenix and Tucson Areas'' adding an
entry for ``Reasonably Available Control Technology (RACT) Analysis,
Negative Declaration and Rules Adoption'' after the entry for
``Maricopa Association of Governments (MAG) 1987 Carbon Monoxide (CO)
Plan for the Maricopa County Area, MAG CO Plan Commitments for
Implementation, and Appendix A through E, Exhibit 4, Exhibit D.''
The additions to read as follows:
Sec. 52.120 Identification of plan.
* * * * *
(c) * * *
[[Page 39199]]
Table 9--EPA-Approved Pinal County Air Pollution Control Regulations
----------------------------------------------------------------------------------------------------------------
County State effective Additional
citation Title/subject date EPA approval date explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Chapter 5. Stationary Source Performance Standards
----------------------------------------------------------------------------------------------------------------
5-13-100.... Surface Coating January 1, 2017.... August 9, 2019, [INSERT Federal Adopted by Pinal
Operations--Genera Register CITATION]. County on
l. November 30,
2016. Submitted
on February 3,
2017. The RACT
rule for Surface
Coating
Operations
consists of Pinal
County Air
Quality Control
District sections
5-13-100, 5-13-
200, 5-13-300, 5-
13-400, and 5-13-
500.
5-13-200.... Definitions........ January 1, 2017.... August 9, 2019, [INSERT Federal Adopted by Pinal
Register CITATION]. County on
November 30,
2016. Submitted
on February 3,
2017. The RACT
rule for Surface
Coating
Operations
consists of Pinal
County Air
Quality Control
District sections
5-13-100, 5-13-
200, 5-13-300, 5-
13-400, and 5-13-
500.
5-13-300.... Standards.......... January 1, 2017.... August 9, 2019, [INSERT Federal Adopted by Pinal
Register CITATION]. County on
November 30,
2016. Submitted
on February 3,
2017. The RACT
rule for Surface
Coating
Operations
consists of Pinal
County Air
Quality Control
District sections
5-13-100, 5-13-
200, 5-13-300, 5-
13-400, and 5-13-
500. Section 5-13-
390 is not part
of the SIP.
5-13-400.... Administrative January 1, 2017.... August 9, 2019, [INSERT Federal Adopted by Pinal
Requirements. Register CITATION]. County on
November 30,
2016. Submitted
on February 3,
2017. The RACT
rule for Surface
Coating
Operations
consists of Pinal
County Air
Quality Control
District sections
5-13-100, 5-13-
200, 5-13-300, 5-
13-400, and 5-13-
500.
5-13-500.... Monitoring and January 1, 2017.... August 9, 2019, [INSERT Federal Adopted by Pinal
Records. Register CITATION]. County on
November 30,
2016. Submitted
on February 3,
2017. The RACT
rule for Surface
Coating
Operations
consists of Pinal
County Air
Quality Control
District sections
5-13-100, 5-13-
200, 5-13-300, 5-
13-400, and 5-13-
500.
* * * * * * *
5-20-100.... Storage and Loading January 1, 2017.... August 9, 2019, [INSERT Federal Adopted by Pinal
of Gasoline at Register CITATION]. County on
Gasoline November 30,
Dispensing 2016. Submitted
Facilities--Genera on February 3,
l. 2017. The RACT
rule for Storage
and Loading of
Gasoline at
Gasoline
Dispensing
Facilities
consists of Pinal
County Air
Quality Control
District sections
5-20-100, 5-20-
200, 5-20-300, 5-
20-400, and 5-20-
500.
5-20-200.... Definitions........ January 1, 2017.... August 9, 2019, [INSERT Federal Adopted by Pinal
Register CITATION]. County on
November 30,
2016. Submitted
on February 3,
2017. The RACT
rule for Storage
and Loading of
Gasoline at
Gasoline
Dispensing
Facilities
consists of Pinal
County Air
Quality Control
District sections
5-20-100, 5-20-
200, 5-20-300, 5-
20-400, and 5-20-
500.
5-20-300.... Standards.......... January 1, 2017.... August 9, 2019, [INSERT Federal Adopted by Pinal
Register CITATION]. County on
November 30,
2016. Submitted
on February 3,
2017. The RACT
rule for Storage
and Loading of
Gasoline at
Gasoline
Dispensing
Facilities
consists of Pinal
County Air
Quality Control
District sections
5-20-100, 5-20-
200, 5-20-300, 5-
20-400, and 5-20-
500.
[[Page 39200]]
5-20-400.... Administrative January 1, 2017.... August 9, 2019, [INSERT Federal Adopted by Pinal
Requirements. Register CITATION]. County on
November 30,
2016. Submitted
on February 3,
2017. The RACT
rule for Storage
and Loading of
Gasoline at
Gasoline
Dispensing
Facilities
consists of Pinal
County Air
Quality Control
District sections
5-20-100, 5-20-
200, 5-20-300, 5-
20-400, and 5-20-
500.
5-20-500.... Monitoring and January 1, 2017.... August 9, 2019, [INSERT Federal Adopted by Pinal
Records. Register CITATION]. County on
November 30,
2016. Submitted
on February 3,
2017. The RACT
rule for Storage
and Loading of
Gasoline at
Gasoline
Dispensing
Facilities
consists of Pinal
County Air
Quality Control
District sections
5-20-100, 5-20-
200, 5-20-300, 5-
20-400, and 5-20-
500.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
(e) * * *
Table 1--EPA-Approved Non-Regulatory and Quasi-Regulatory Measures
[Excluding certain resolutions and statutes, which are listed in tables 2 and 3, respectively] \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
Applicable
geographic or State submittal
Name of SIP provision nonattainment area date EPA approval date Explanation
or title/subject
--------------------------------------------------------------------------------------------------------------------------------------------------------
The State of Arizona Air Pollution Control Implementation Plan
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Part D Elements and Plans for the Metropolitan Phoenix and Tucson Areas
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
Reasonably Available Control Pinal County portion February 3, 2017... August 9, 2019, [INSERT Federal RACT SIP submittal for Apache
Technology (RACT) Analysis, of Phoenix-Mesa Register CITATION]. Junction (Pinal County portion of
Negative Declaration and Rules nonattainment area Phoenix-Mesa ozone nonattainment
Adoption. for 2008 8-hour area). Adopted by the Pinal County
ozone NAAQS. Air Quality Control District on
November 30, 2016.
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Table 1 is divided into three parts: Clean Air Act Section 110(a)(2) State Implementation Plan Elements (excluding Part D Elements and Plans), Part
D Elements and Plans (other than for the Metropolitan Phoenix or Tucson Areas), and Part D Elements and Plans for the Metropolitan Phoenix and Tucson
Areas.
* * * * *
0
3. Section 52.122 is amended by adding paragraph (a)(2) as follows:
Sec. 52.122 Negative declarations.
* * * * *
(a) * * *
(2) Pinal County Air Quality Control District.
(i) The following negative declarations for the 2008 ozone NAAQS
were adopted on November 30, 2016 and submitted on February 3, 2017.
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EPA document No. Title
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EPA-450/2-77-008.............. Surface Coating of Cans.
EPA-450/2-77-008.............. Surface Coating of Coils.
[[Page 39201]]
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.............. ACT Surface Coating at Shipbuilding and
61 FR 44050; 8/27/96.......... Ship Repair Facilities
Shipbuilding and Ship Repair Operations
(Surface Coating).
EPA-453/R-97-004.............. Aerospace MACT and Aerospace (CTG &
59 FR 29216; 6/06/94.......... 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.
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(ii) [Reserved]
0
4. Section 52.124 is amended by adding paragraph (b) to read as
follows:
Sec. 52.124 Part D disapproval.
* * * * *
(b) The following Reasonably Available Control Technology (RACT)
determinations are disapproved because they do not meet the
requirements of Part D of the Clean Air Act.
(1) Pinal County Air Quality Control District.
(i) RACT determinations for the Control of Volatile Organic
Emissions from Use of Cutback Asphalt (EPA-450/2-77-037), major
NOX, and major VOC source categories, in the submittal
titled ``Reasonability Available Control Technology (RACT) Analysis,
Negative Declaration and Rules Adoption,'' dated November 30, 2016, as
adopted on November 30, 2016 and submitted on February 3, 2017.
(ii) [Reserved]
(2) [Reserved]
[FR Doc. 2019-16786 Filed 8-8-19; 8:45 am]
BILLING CODE 6560-50-P
