Air Plan Partial Approval, Partial Disapproval, and Partial Conditional Approval; Arizona; Maricopa County Air Quality Department; Reasonably Available Control Technology State Implementation Plan and Surface Coating Rule, 971-977 [2020-27806]
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Federal Register / Vol. 86, No. 4 / Thursday, January 7, 2021 / Rules and Regulations
Furthermore, the Commission has, on an
ad hoc basis, previously granted registration
exemptions to four foreign clearinghouses
limited to proprietary swap positions with
effectively the same conditions and
limitations as provided in the Final Rule. The
Final Rule will therefore maintain
consistency with the existing exemptions.
The Final Rule also contains fairly detailed
daily, quarterly, and annual reporting
requirements, as well as special event notice
requirements. These requirements allow the
Commission to monitor U.S. person clearing
activity at the Exempt DCO on a daily basis
and keep the Commission informed of any
material changes to the regulatory and
financial status of the Exempt DCO in its
home jurisdiction. While the Exempt DCOs
will be able to operate under the compliance
regime and oversight of its home country
regulator, the CFTC can maintain limited, but
up-to-date oversight of the activities that are
relevant for U.S. market participants and that
could have an impact on our financial
system.
As noted above, the Final Rule does not
permit registered FCMs to clear U.S.
customer swaps at Exempt DCOs. In the
Commission’s initial 2018 proposal to
establish a framework for Exempt DCOs, the
Commission proposed this prohibition. The
Commission explained:
Section 4d(f)(1) of the CEA makes it
unlawful for any person to accept money,
securities, or property (i.e., funds) from a
swaps customer to margin a swap cleared
through a DCO unless the person is registered
as an FCM. Any swaps customer funds held
by a DCO are also subject to the segregation
requirements of section 4d(f)(2) of the CEA,
and in order for a customer to receive
protection under this regime, particularly in
an insolvency context, its funds must be
carried by an FCM, and deposited with a
registered DCO. Absent that chain of
registration, the swaps customer’s funds may
not be treated as customer property under the
U.S. Bankruptcy Code and the Commission’s
regulations. Because of this, it has been the
Commission’s policy to allow exempt DCOs
to clear only proprietary positions of U.S.
persons and FCMs.3
The Final Rule notes that the Commission
may revisit the prohibition on U.S. customer
clearing in the future. While I agree with the
outcome in the Final Rule as to customer
clearing given the Commission’s
interpretation of CEA Section 4d(f), if the
above interpretation changes, whether by a
change to the statute or by other appropriate
means, I could support a further amendment
of the Final Rule. Any such change should
place U.S. FCMs on an equal footing with
their foreign counterparts when competing
for U.S. customer clearing at Exempt DCOs.
In addition, such a change should not create
an advantage for unregistered Exempt DCOs
over registered DCOs who comply with all of
our regulations.
Finally, I note that CEA Section 5b(h)
provides for the registration exemption if the
foreign DCO is subject to ‘‘comparable,
3 Exemption from Derivatives Clearing
Organization Registration, 83 FR 39923, 39926
(proposed Aug. 13, 2018).
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comprehensive supervision and home
country regulation.’’ Under the Final Rule, to
demonstrate comparability, the DCO must be
subject to home country regulations that are
consistent with, and the DCO must ‘‘observe
in all material respects,’’ the ‘‘Principles for
Financial Market Infrastructures’’ 4 (‘‘PFMIs’’)
applicable to central counterparties.
Several commenters objected to this
approach to comparability determinations on
a number of grounds. These commenters
stated that the Commission should not
substitute a commitment to adhere to the
PFMIs for its own examination and
assessment as to the comparability and
comprehensiveness of the actual foreign
regulations. As the PFMIs are only general
principles, even when the PFMIs are
implemented, material differences may exist
between the PFMI-compliant regime and the
Commission’s DCO core principles and
regulations. Commenters further argued that
Congress intended for the Commission to
analyze comparability only by direct
comparison to the CTFC’s laws and
regulations.
Over the past two years, I have expressed
concerns over the erosion of the
Commission’s standards and role in finding
comparability for various CFTC regulations.
The Commission’s approach has been
increasingly deferential to other regulators,
which has the potential to permit the
importation of increased risks into the U.S.
financial system.
In this regard, I too have some concerns
about the use of the PFMIs as a standard for
comparability. However, for the purpose of
granting DCO registration exemptions, I
believe the approach taken in the Final Rule
is reasonable. I have consistently said that
comparability determinations should involve
a detailed examination of the other
jurisdiction’s standards, but also should be
outcomes based. Regulators around the world
take substantively different approaches to
regulating DCOs, but that does not mean any
one approach is necessarily better or worse
than another as to its expected outcome. The
PFMIs tend to be more general in nature than
the DCO core principles and regulations in
the CEA and CFTC regulations. However,
regarding the general outcome of DCO
regulation, the PFMIs—which the CFTC has
contributed to and incorporated in
regulation 5—are consistent with our DCO
core principles. Furthermore, given the
limited scope of the Final Rule in that it
applies only to clearing of proprietary
positions, using the PFMIs to find
comparability is not unwarranted. Finally,
the Final Rule allows for the Commission to
assess the extent to which the home country
regulations are consistent with the PFMIs
and the extent to which the applying DCO is
observing the PFMIs. As such, I believe the
4 See Committee on Payment and Settlement
Systems and the Technical Committee of the
International Organization of Securities
Commissions, Principles for financial market
infrastructures (Apr. 2012), available at https://
www.iosco.org/library/pubdocs/pdf/IOSCOPD377PFMI.pdf.
5 See 17 CFR 39.30, 39.40.
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approach taken in the Final Rule is
reasonable.
In conclusion, the Final Rule creates a
limited, practical set of policies and
procedures for granting exemptions from
registration for foreign DCOs. The Exempt
DCOs can only clear swaps for U.S. persons
who are proprietary traders and who are able
to assess the specific risks of clearing at the
Exempt DCO. The U.S. customer accounts at
registered FCMs will not be commingled
with accounts used for Exempt DCO clearing.
Finally, U.S. FCMs are not put at a
competitive disadvantage to their foreign
counterparts. For these reasons, I support the
changes made to the proposed rule that result
in an appropriate, codified approach to
exempting foreign DCOs who meet
appropriate standards.
[FR Doc. 2020–26527 Filed 1–6–21; 8:45 am]
BILLING CODE 6351–01–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2020–0358 and EPA–R09–
OAR–2019–0423; FRL–10017–89–Region 9]
Air Plan Partial Approval, Partial
Disapproval, and Partial Conditional
Approval; Arizona; Maricopa County
Air Quality Department; Reasonably
Available Control Technology State
Implementation Plan and Surface
Coating Rule
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is finalizing a partial
approval, partial disapproval, and
partial conditional approval of revisions
to the Maricopa County Air Quality
Department (MCAQD or County)
portion of the Arizona State
Implementation Plan (SIP). This action
concerns the County’s demonstration
regarding reasonably available control
technology (RACT) requirements and
negative declarations for the 2008 8hour ozone National Ambient Air
Quality Standards (NAAQS or
‘‘standards’’) in the portion of the
Phoenix-Mesa ozone nonattainment area
under the jurisdiction of the MCAQD.
The EPA is also finalizing a conditional
approval of a MCAQD rule that
regulates emissions from surface coating
operations and was submitted with the
RACT SIP demonstration.
DATES: This rule is effective on February
8, 2021.
ADDRESSES: The EPA has established
dockets for this action under Docket No.
EPA–R09–OAR–2020–0358 and EPA–
R09–OAR–2019–0423. All documents in
SUMMARY:
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the dockets are listed on the https://
www.regulations.gov website. Although
listed in the index, 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. If
you need assistance in a language other
than English or if you are a person with
Table of Contents
I. Proposed Action
II. EPA Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews
I. Proposed Action
On September 18, 2020 (85 FR 58310),
the EPA proposed a partial approval and
partial disapproval of the Arizona
Department of Environmental Quality’s
(ADEQ) June 22, 2017 submittal of
MCAQD’s Analysis of Reasonably
Available Control Technology for The
2008 8-Hour Ozone National Ambient
Air Quality Standard (NAAQS) State
Implementation Plan (RACT SIP) and
the associated negative declarations. On
January 28, 2020 (85 FR 4928), the EPA
proposed to conditionally approve
MCAQD Rule 336 Surface Coating
Operations and associated portions of
the RACT Demonstration.
Local agency
Document
MCAQD ............
Analysis of Reasonably Available Control Technology for the 2008 8-Hour Ozone National
Ambient Air Quality Standard (NAAQS) State Implementation Plan (RACT SIP).
Appendix 1A: Negative Declarations ........................................................................................
Rule 336: Surface Coating Operations ....................................................................................
MCAQD ............
MCAQD ............
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disabilities who needs a reasonable
accommodation at no cost to you, please
contact the person identified in the FOR
FURTHER INFORMATION CONTACT section.
FOR FURTHER INFORMATION CONTACT:
Nicole Law, EPA Region IX, 75
Hawthorne St., San Francisco, CA
94105. By phone: (415) 947–4126 or by
email at Law.Nicole@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us’’
and ‘‘our’’ refer to the EPA.
MCAQD’s RACT SIP provides the
County’s demonstration that the
applicable SIP for the MCAQD satisfies
CAA section 182 RACT requirements for
the 2008 8-hour ozone NAAQS. This
conclusion is based on the County’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
Compounds (VOCs) or oxides of
nitrogen (NOX).
With respect to CTG source
categories, MCAQD determined that it
had sources subject to the CTGs
covering solvent metal cleaning,
industrial cleaning solvents,
miscellaneous metal and plastic parts
coating, can coating, fabric coating, film
and foil coating, rotogravure and
flexography, lithographic printing and
letter press printing, wood furniture
manufacturing operations, storage of
petroleum liquids, tank truck gasoline
loading terminals, bulk gasoline plants,
gasoline tank trucks and vapor
collection systems, and gasoline service
stations. MCAQD submitted for SIP
approval six rules to implement RACT
for these CTG categories: Rules 336, 342,
350, 351, 352, and 353.
On February 26, 2020 (85 FR 10986),
the EPA conditionally approved Rules
350, 351, 352, and 353 into the SIP, and
also conditionally approved the
associated CTG source categories for the
MCAQD 2016 RACT SIP: ‘‘Control of
Volatile Organic Emissions from Storage
of Petroleum Liquids in Fixed-Roof
Tanks’’ (EPA–450/2–77–036), ‘‘Control
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Adopted
of Volatile Organic Emissions from
Petroleum Liquid Storage in External
Floating Roof Tanks’’ (EPA–450/2–78–
047), ‘‘Control of Hydrocarbons from
Tank Truck Gasoline Loading
Terminals’’ (EPA–450/2–77–026),
‘‘Control of Volatile Organic Emissions
from Bulk Gasoline Plants’’ (EPA–450/
2–77–035), ‘‘Control of Volatile Organic
Compound Leaks from Gasoline Tank
Trucks and Vapor Collection Systems’’
(EPA–450/2–78–051), and ‘‘Design
Criteria for Stage I Vapor Control
Systems—Gasoline Service Stations’’
(EPA–450/R–75–102). MCAQD has
committed to correct the EPA’s
identified deficiencies, and ADEQ has
committed to submit the updated rules
within one year of the EPA’s final
conditional approval. If MCAQD
corrects the identified deficiencies and
the EPA approves the updated rules,
MCAQD will have met its RACT
obligation for these rules, and the
associated CTGs. We are not acting on
rules 350, 351, 352, and 353, or the
associated CTG categories in the
MCAQD’s 2016 RACT SIP in this action.
On August 27, 2019 (84 FR 44701),
the EPA approved Rule 342 into the SIP,
finding that the rule met current RACT.
This rulemaking also approved Rule
337, which had been submitted earlier
and was not part of the 2016 RACT SIP
submittal. Although we approved Rules
337 and 342, and found that they
established RACT level controls, we did
not in that action approve the 2016
RACT SIP for the associated CTG source
categories. On September 18, 2020 (85
FR 58310), the EPA proposed to find
that Rules 331, 337, and 342 establish
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RACT-level controls for the sources
within the following CTG source
categories: ‘‘Control of Volatile Organic
Emissions from Solvent Metal Cleaning’’
(EPA–450/2–77–022), ‘‘Control
Techniques Guidelines: Industrial
Cleaning Solvents’’ (EPA–453/R–06–
001), ‘‘Control of Volatile Organic
Emissions from Existing Stationary
Sources—Volume VIII: Graphic Arts—
Rotogravure and Flexography’’ (EPA–
430/2–78–033) and ‘‘Offset Lithographic
Printing and Letterpress Printing’’
(EPA–453/R06–002), and ‘‘Control of
Volatile Organic Compound Emissions
from Wood Furniture Manufacturing
Operations’’ (EPA–453/R–96–007).
On January 28, 2020 (85 FR 4928), the
EPA proposed conditional approval of
Rule 336 into the SIP, as well as
conditional approval of the associated
eight CTG source categories for the
County’s 2016 RACT SIP: ‘‘Control of
Volatile Organic Emissions from
Existing Stationary Sources—Volume II:
Surface Coating of Cans, Coils, Paper,
Fabrics, Automobiles, and Light-Duty
Trucks’’ (EPA–450/2–77–008), ‘‘Control
of Volatile Organic Emissions from
Existing Stationary Sources—Volume
III: Surface Coating of Metal Furniture’’
(EPA–450/2–77–032), ‘‘Control of
Volatile Organic Emissions from
Existing Stationary Sources—Volume V:
Surface Coating of Large Appliances’’
(EPA–450/2–77–034), ‘‘Control of
Volatile Organic Emissions from
Existing Stationary Sources—Volume
VI: Surface Coating of Miscellaneous
Metal Parts and Products’’ (EPA–450/2–
78–15), ‘‘Control Techniques Guidelines
for Metal Furniture Coatings’’ (EPA–
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453/R–07–005), ‘‘Control Techniques
Guidelines for Large Appliance
Coatings’’ (EPA–453/R07–004), ‘‘Control
Techniques Guidelines for
Miscellaneous Metal and Plastic Parts
Coatings’’ (EPA–453/R–08–003), and
‘‘Control Techniques Guidelines For
Paper, Film, and Foil Coatings’’ (EPA–
453/R–07–003). MCAQD has committed
to correct the EPA’s identified
deficiencies, and ADEQ has committed
to submit the updated rule within one
year of the EPA’s final conditional
approval. If MCAQD corrects the
identified deficiencies and the EPA
approves the updated rule, the County
will have met its RACT obligation for
this rule, and the associated CTGs.
On September 18, 2020 (85 FR 58310),
we proposed to approve negative
declarations, including negative
declarations for some of the source
categories covered by Rule 336.
Specifically, of eight CTG source
categories addressed by Rule 336 (as
listed in the prior paragraph), our
September proposal proposed to
approve negative declarations for five of
them: ‘‘Control of Volatile Organic
Emissions from Existing Stationary
Sources—Volume III: Surface Coating of
Metal Furniture’’ (EPA–450/2–77–032),
‘‘Control of Volatile Organic Emissions
from Existing Stationary Sources—
Volume V: Surface Coating of Large
Appliances’’ (EPA–450/2–77–034),
‘‘Control Techniques Guidelines for
Metal Furniture Coatings’’ (EPA–453/R–
07–005), ‘‘Control Techniques
Guidelines for Large Appliance
Coatings’’ (EPA–453/R07–004), and
‘‘Control Techniques Guidelines For
Paper, Film, and Foil Coatings’’ (EPA–
453/R–07–003). In addition, it proposed
approval of negative declarations for the
coils, paper, automobile and light-duty
truck portions of the CTG ‘‘Control of
Volatile Organic Emissions from
Existing Stationary Sources— Volume
II: Surface Coating of Cans, Coils, Paper,
Fabrics, Automobiles, and Light-Duty
Trucks’’ (EPA–450/2–77–008). In the
same notice, the EPA also proposed to
disapprove negative declarations for the
Aerospace Coating and Industrial
Adhesives source categories, because
there are applicable sources in the
Maricopa County portion of the
Phoenix-Mesa ozone nonattainment
area.
With respect to major non-CTG
stationary sources of Volatile Organic
Compounds (VOCs) or oxides of
nitrogen (NOX), MCAQD determined it
had RACT rules covering these sources.
On September 18, 2020 (85 FR 58310),
the EPA proposed to approve the
County’s RACT determination that it
has RACT rules covering major non-
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CTG sources of VOC and proposed to
disapprove the RACT determination
that it has RACT rules covering major
sources of NOX.
The proposed actions and associated
technical support documents contain
more information on the basis for this
rulemaking and on our evaluation of the
submittal.
II. EPA Action
The EPA’s proposed actions provided
30-day public comment periods. During
the comment periods for the two
proposed actions, we received no
comments. Therefore, as authorized in
section 110(k)(4) of the Act, the EPA is
conditionally approving into the
Arizona SIP, Rule 336 and MCAQD’s
RACT Demonstration for the 2008 8-hr
ozone NAAQS with respect to the
following Control Techniques
Guidelines (CTGs), as described in our
proposal:
1. ‘‘Control of Volatile Organic
Emissions from Existing Stationary
Sources—Volume II: Surface Coating of
Cans, Coils, Paper, Fabrics,
Automobiles, and Light-Duty Trucks’’
EPA–450/2–77–008, May 1977, cans
and fabrics portions only.1
2. ‘‘Control of Volatile Organic
Emissions from Existing Stationary
Sources—Volume VI: Surface Coating of
Miscellaneous Metal Parts and
Products,’’ EPA–450/2–78–15, June
1978.
3. ‘‘Control Techniques Guidelines for
Miscellaneous Metal and Plastic Parts
Coatings,’’ EPA–453/R–08–003,
September 2008.2
If the MCAQD and the ADEQ submit
the required rule revisions to Rule 336
by the specified deadline, and the EPA
approves the submission, then the
identified deficiencies will be cured.
However, if MCAQD, through the
ADEQ, fails to submit these revisions to
Rule 336 within the required timeframe,
the conditional approval will be treated
as a disapproval for Rule 336 and the
RACT demonstration for the three CTG
categories listed above.
1 Note that in this action the EPA is finalizing
approval of negative declarations for the other
categories covered by this CTG: Surface coating of
coils, paper, automobiles, and light-duty trucks.
2 Our January 28, 2020 proposal also noted that
the deficiencies in Rule 336 were not consistent
with the 2007 CTGs for Metal Furniture and Large
Appliance Coatings (85 FR at 4930). However, our
September 18, 2020 proposal proposed to approve
negative declarations for these two source
categories. This final action approves these negative
declarations. Therefore, the RACT SIP is fully
approved with respect to these CTG source
categories, and they are not included within the
scope of the conditional approval of the RACT
demonstration for CTG source categories associated
with Rule 336.
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Also, as authorized in sections
110(k)(3) and 301(a) of the Act, the EPA
is finalizing a partial approval and
partial disapproval of the remainder of
the RACT SIP and associated negative
declarations, as proposed.
We are finalizing a partial disapproval
with respect to the portions of the RACT
SIP addressing RACT for major sources
of NOX, and CTG source categories for
Aerospace Coating and Industrial
Adhesives (‘‘National Emission
Standards for Hazardous Air Pollutants
for Source Categories: Aerospace
Manufacturing and Rework’’ (59 FR
29216), ‘‘Control of Volatile Organic
Compound Emissions from Coating
Operations at Aerospace Manufacturing
and Rework Operations’’ (EPA–453/R–
97–004), and ‘‘Control Techniques
Guidelines for Miscellaneous Industrial
Adhesives’’ (EPA–453/R–08–005)). As a
result of the final partial disapproval,
offset sanctions will be imposed unless
the EPA approves a subsequent SIP
revision that corrects the identified
deficiencies within 18 months of the
effective date of this action. Highway
sanctions will be imposed unless the
EPA approves a subsequent SIP revision
that corrects the rule deficiencies within
24 months of the effective date of this
action. These sanctions will be imposed
under section 179 of the CAA and 40
CFR 52.31. Additionally, section 110(c)
requires the EPA to promulgate a federal
implementation plan within 24 months
unless we approve subsequent SIP
revisions that correct the deficiencies.
The EPA is finalizing a partial
approval of the RACT SIP with respect
to all remaining source categories, as
proposed. This includes approval of the
County’s negative declarations, with the
exception of the three disapproved
negative declarations, and the County’s
RACT certifications for the following
CTG source categories: ‘‘Control of
Volatile Organic Emissions from Solvent
Metal Cleaning’’ (EPA–450/2–77–022),
‘‘Control Techniques Guidelines:
Industrial Cleaning Solvents’’ (EPA–
453/R–06–001), ‘‘Control of Volatile
Organic Emissions from Existing
Stationary Sources—Volume VIII:
Graphic Arts—Rotogravure and
Flexography’’ (EPA–430/2–78–033) and
‘‘Offset Lithographic Printing and
Letterpress Printing’’ (EPA–453/R06–
002), and ‘‘Control of Volatile Organic
Compound Emissions from Wood
Furniture Manufacturing Operations’’
(EPA–453/R–96–007).
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
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51.5, the EPA is finalizing the
incorporation by reference of the
MCAQD rule 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 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 conditional approval, and
will be incorporated by reference in the
next update to the SIP compilation.3
The EPA has made, and will continue
to make, these documents available
through www.regulations.gov and at the
EPA Region IX Office (please contact the
person identified in the FOR FURTHER
INFORMATION CONTACT section of this
preamble for more information).
IV. Statutory and Executive Order
Reviews
Additional information about these
statutes and Executive Orders can be
found at https://www.epa.gov/lawsregulations/laws-and-executive-orders.
A. Executive Order 12866: Regulatory
Planning and Review and Executive
Order 13563: Improving Regulation and
Regulatory Review
This 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 this
action is not significant under Executive
Order 12866.
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C. Paperwork Reduction Act (PRA)
This action does not impose an
information collection burden under the
PRA, because this SIP partial approval,
partial disapproval, and partial
conditional approval does not in-and-of
itself create any new information
collection burdens, but simply partially
approves, partially disapproves, and
partially conditionally approves certain
State requirements for inclusion in the
SIP.
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. This SIP partial approval
partial disapproval, and partial
3 62
FR 27968 (May 22, 1997).
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conditional approval does not in-and-of
itself create any new requirements but
simply partially approves, partially
disapproves, and partially conditionally
approves certain pre-existing State
requirements for inclusion in the SIP.
approves certain pre-existing State
requirements for inclusion in the SIP.
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 partially
approves, partially disapproves, and
partially conditionally approves preexisting requirements under State or
local law and imposes no new
requirements. Accordingly, no
additional costs to state, local, or tribal
governments, or to the private sector,
result from this action.
This action is not subject to Executive
Order 13211, because it is not a
significant regulatory action under
Executive Order 12866.
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 revision
that the EPA is partially approving,
partially disapproving, and partially
conditionally approving would not
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 this SIP partial approval, partial
disapproval, and partial conditional
approval does not in-and-of itself create
any new regulations, but simply
partially approves, partially
disapproves, and partially conditionally
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I. Executive Order 13211: Actions That
Significantly Affect Energy Supply,
Distribution, or Use
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 Populations
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 March 8, 2021.
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.
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Federal Register / Vol. 86, No. 4 / Thursday, January 7, 2021 / Rules and Regulations
Dated: December 11, 2020.
John Busterud,
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. Amend § 52.119 by adding
paragraph (c)(3) to read as follows:
■
§ 52.119 Identification of plan—conditional
approvals.
*
*
*
*
*
(c) * * *
(3) The EPA is conditionally
approving portions of the Arizona SIP
revisions submitted on June 22, 2017.
The conditional approval is based upon
the February 25, 2019 commitment from
the State to submit a SIP revision
consisting of rule revisions that will
cure the identified deficiencies within
twelve (12) months after the EPA’s
conditional approval. If the State fails to
meet its commitment, the conditional
approval will be treated as a disapproval
with respect to the rules and CTG
categories for which the corrections are
not met. The following MCAQD rules
and additional materials are
conditionally approved:
(i) Rule 336, Surface Coating
Operations;
(ii) The RACT demonstration titled
‘‘Analysis of Reasonably Available
Control Technology for the 2008 8-Hour
Ozone National Ambient Air Quality
Standards (NAAQS) State
Implementation Plan (RACT SIP),’’ only
those portions of the document claiming
RACT was met for the following CTG
source categories, ‘‘Control of Volatile
Organic Emissions from Existing
Stationary Sources—Volume VI: Surface
Coating of Miscellaneous Metal Parts
and Products,’’ EPA–450/2–78–15, June
1978, ‘‘Control Techniques Guidelines
for Miscellaneous Metal and Plastic
Parts Coatings,’’ EPA–453/R–08–003,
September 2008, and ‘‘Control of
Volatile Organic Emissions from
Existing Stationary Sources—Volume II:
Surface Coating of Cans, Coils, Paper,
Fabrics, Automobiles, and Light-Duty
Trucks’’ EPA–450/2–77–008, May 1977
(cans and fabrics categories, only).
■ 3. Amend § 52.120 as follows:
■ a. In paragraph (c), Table 4 under the
table headings ‘‘Post-July 1988 Rule
Codification’’ and ‘‘Regulation III—
Control of Air Contaminants,’’ by
revising the entry for ‘‘Rule 336.’’
■ b. In paragraph (e), Table 1, under the
subheading ‘‘Part D Elements and Plans
for the Metropolitan Phoenix and
Tucson Areas,’’ by adding an entry for
‘‘Analysis of Reasonably Available
Control Technology for the 2008 8-Hour
Ozone National Ambient Air Quality
Standard (NAAQS) State
Implementation Plan (RACT SIP)’’ 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 revision and addition read as
follows:
§ 52.120
*
Identification of plan.
*
*
(c) * * *
*
*
TABLE 4—EPA-APPROVED MARICOPA COUNTY AIR POLLUTION CONTROL REGULATIONS
County citation
State effective
date
Title/subject
*
*
*
EPA approval date
*
Additional explanation
*
*
*
*
*
*
*
*
Post-July 1988 Rule Codification
*
*
*
*
Regulation III—Control of Air Contaminants
*
*
Rule 336 .........
*
*
*
*
Surface Coating Operations ..........
*
*
*
*
11/02/2016
*
*
*
01/07/2021, [INSERT
Register CITATION].
*
Federal
Submitted on June 22, 2017.
*
*
(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
jbell on DSKJLSW7X2PROD with RULES
Name of SIP
provision
Applicable geographic or nonattainment area or title/
subject
State submittal
date
EPA approval date
Explanation
The State of Arizona Air Pollution Control Implementation Plan
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976
Federal Register / Vol. 86, No. 4 / Thursday, January 7, 2021 / Rules and Regulations
TABLE 1—EPA-APPROVED NON-REGULATORY AND QUASI-REGULATORY MEASURES—Continued
[Excluding certain resolutions and statutes, which are listed in tables 2 and 3, respectively] 1
Name of SIP
provision
Applicable geographic or nonattainment area or title/
subject
*
State submittal
date
*
EPA approval date
*
Explanation
*
*
*
*
*
*
Part D Elements and Plans for the Metropolitan Phoenix and Tucson Areas
*
Analysis of Reasonably Available Control
Technology
for the 2008
8-Hour Ozone
National Ambient Air
Quality Standard (NAAQS)
State Implementation
Plan (RACT
SIP).
*
Maricopa County
portion of Phoenix-Mesa nonattainment area
for 2008 8-hour
ozone NAAQS.
*
June 22, 2017
*
*
*
January 7, 2021,
[INSERT Federal
Register CITATION].
*
*
Except for those portions approved on 2/26/2020 in 85 FR 10986, and those portions of the document claiming RACT was met for the following source categories: ‘‘National Emission Standards for Hazardous Air Pollutants for Source
Categories: Aerospace Manufacturing and Rework’’ (59 FR 29216), ‘‘Control of
Volatile Organic Compound Emissions from Coating Operations at Aerospace
Manufacturing and Rework Operations’’ (EPA–453/R–97–004), ‘‘Control Techniques Guidelines for Miscellaneous Industrial Adhesives’’ (EPA–453/R–08–005),
and major sources of NOX.
*
*
*
*
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.
*
*
*
*
§ 52.122
*
4. Amend § 52.122 by adding
paragraph (a)(3) as follows:
■
Negative declarations.
(a) * * *
(3) Maricopa County Air Quality
Department.
EPA document No.
jbell on DSKJLSW7X2PROD with RULES
EPA–450/2–77–008 .......
EPA–450/2–77–008 .......
EPA–450/2–77–008 .......
EPA–450/2–77–025 .......
EPA–450/2–77–032 .......
EPA–450/2–77–033 .......
EPA–450/2–77–034 .......
EPA–450/2–77–037 .......
EPA–450/2–78–029 .......
EPA–450/2–78–030 .......
EPA–450/2–78–032 .......
EPA–450/2–78–036 .......
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–94–032 ......
61 FR 44050; 8/27/96 ....
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–08–006 .......
EPA 453/B16–001 .........
Title
Surface Coating of Coils.
Surface Coating of Paper.
Surface Coating of Automobiles and Light-Duty Trucks.
Refinery Vacuum Producing Systems, Wastewater Separators, and Process Unit Turnarounds.
Surface Coating of Metal Furniture.
Surface Coating of Insulation of Magnet Wire.
Surface Coating of Large Appliances.
Cutback Asphalt.
Manufacture of Synthesized Pharmaceutical Products.
Manufacture of Pneumatic Rubber Tires.
Factory Surface Coating of Flat Wood Paneling.
Leaks from Petroleum Refinery Equipment.
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.
ACT Surface Coating at Shipbuilding and Ship Repair Facilities.
Shipbuilding and Ship Repair Operations (Surface Coating).
Flexible Package Printing.
Flat Wood Paneling Coatings.
Paper, Film, and Foil Coatings.
Large Appliance Coatings.
Metal Furniture Coatings.
Fiberglass Boat Manufacturing Materials.
Automobile and Light-Duty Truck Assembly Coatings.
Oil and Natural Gas Industry.
§ 52.124
(ii) [Reserved]
5. Amend § 52.124 by adding
paragraph (b)(2) to read as follows:
■
VerDate Sep<11>2014
(i) The following negative
declarations for the 2008 ozone NAAQS
were adopted on May 24, 2017 and
submitted on June 22, 2017.
16:55 Jan 06, 2021
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Part D disapproval.
*
*
*
*
*
(b) * * *
(2) Maricopa County Air Quality
Department.
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(i) RACT determinations for major
sources of NOX, and CTG source
categories for Aerospace Coating and
Industrial Adhesives (‘‘National
Emission Standards for Hazardous Air
E:\FR\FM\07JAR1.SGM
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Federal Register / Vol. 86, No. 4 / Thursday, January 7, 2021 / Rules and Regulations
Pollutants for Source Categories:
Aerospace Manufacturing and Rework’’
(59 FR 29216), ‘‘Control of Volatile
Organic Compound Emissions from
Coating Operations at Aerospace
Manufacturing and Rework Operations’’
(EPA–453/R–97–004), and ‘‘Control
Techniques Guidelines for
Miscellaneous Industrial Adhesives’’
(EPA–453/R–08–005)), in the submittal
titled ‘‘Analysis of Reasonably Available
Control Technology for the 2008 8-Hour
Ozone National Ambient Air Quality
Standard (NAAQS) State
Implementation Plan (RACT SIP),’’
dated December 5, 2016, as adopted on
May 24, 2017 and submitted on June 22,
2017.
(ii) [Reserved]
*
*
*
*
*
[FR Doc. 2020–27806 Filed 1–6–21; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 282
[EPA–R06–UST–2018–0701; FRL–10014–
65–Region 6]
Arkansas: Final Approval of State
Underground Storage Tank Program
Revisions and Incorporation by
Reference
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
Pursuant to the Resource
Conservation and Recovery Act (RCRA
or Act), the Environmental Protection
Agency (EPA) is taking direct final
action to approve revisions to the State
of Arkansas’s Underground Storage
Tank (UST) program submitted by the
State. EPA has determined that these
revisions satisfy all requirements
needed for program approval. This
action also codifies EPA’s approval of
Arkansas’s State program and
incorporates by reference those
provisions of the State regulations that
we have determined meet the
requirements for approval. The
provisions will be subject to EPA’s
inspection and enforcement authorities
under Subtitle I of RCRA sections 9005
and 9006 and other applicable statutory
and regulatory provisions.
DATES: This rule is effective March 8,
2021, unless EPA receives adverse
comment by February 8, 2021. If EPA
receives adverse comment, it will
publish a timely withdrawal in the
Federal Register informing the public
that the rule will not take effect. The
incorporation by reference of a certain
jbell on DSKJLSW7X2PROD with RULES
SUMMARY:
VerDate Sep<11>2014
16:55 Jan 06, 2021
Jkt 253001
publication listed in the regulations is
approved by the Director of the Federal
Register, as of March 8, 2021, in
accordance with 5 U.S.C. 552(a) and 1
CFR part 51.
ADDRESSES: Submit your comments by
one of the following methods:
1. Federal eRulemaking Portal:
https://www.regulations.gov. Follow the
on-line instructions for submitting
comments.
2. Email: lincoln.audray@epa.gov.
Instructions: Direct your comments to
Docket ID No. EPA–R06–UST–2018–
0701. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
available online at https://
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through https://
www.regulations.gov, or email. The
Federal https://www.regulations.gov
website is an ‘‘anonymous access’’
system, which means the EPA will not
know your identity or contact
information unless you provide it in the
body of your comment. If you send an
email comment directly to the EPA
without going through https://
www.regulations.gov, your email
address will be automatically captured
and included as part of the comment
that is placed in the public docket and
made available on the internet. If you
submit an electronic comment, the EPA
recommends that you include your
name and other contact information in
the body of your comment and with any
disk or CD–ROM you submit. If the EPA
cannot read your comment due to
technical difficulties, and cannot
contact you for clarification, the EPA
may not be able to consider your
comment. Electronic files should avoid
the use of special characters, any form
of encryption, and be free of any defects
or viruses.
The index to the docket for this action
is available electronically at https://
www.regulations.gov. You can view and
copy the documents that form the basis
for this codification and associated
publicly available docket materials are
available either through https://
www.regulations.gov or at the
Environmental Protection Agency,
Region 6, 1201 Elm Street, Suite #500,
Dallas, Texas 75270. This facility is
open from 8:30 a.m. to 4:00 p.m.
Monday through Friday excluding
Federal holidays and facility closures.
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977
We recommend that you telephone
Audray Lincoln, Environmental
Protection Specialist at (214) 665–2239
before visiting the Region 6 Office.
Interested persons wanting to examine
these documents should make an
appointment with the office at least two
weeks in advance.
FOR FURTHER INFORMATION CONTACT:
Audray Lincoln, (214) 665–2239,
lincoln.audray@epa.gov. Out of an
abundance of caution for members of
the public and our staff, the EPA Region
6 office will be closed to the public to
reduce the risk of transmitting COVID–
19. We encourage the public to submit
comments via https://
www.regulations.gov, as there will be a
delay in processing mail and no courier
or hand deliveries will be accepted.
Please call or email the contact listed
above if you need alternative access to
material indexed but not provided in
the docket.
SUPPLEMENTARY INFORMATION:
I. Approval of Revisions to Arkansas’s
Underground Storage Tank Program
A. Why are revisions to State programs
necessary?
States which have received final
approval from the EPA under RCRA
section 9004(b), 42 U.S.C. 6991c(b),
must maintain an underground storage
tank program that is equivalent to,
consistent with, and no less stringent
than the Federal underground storage
tank program. When EPA makes
revisions to the regulations that govern
the UST program, States must revise
their programs to comply with the
updated regulations and submit these
revisions to the EPA for approval.
Changes to State UST programs may be
necessary when Federal or State
statutory or regulatory authority is
modified or when certain other changes
occur. Most commonly, States must
change their programs because of
changes to the EPA’s regulations in 40
Code of Federal Regulations (CFR) part
280. States can also initiate changes on
their own to their underground storage
tank program and these changes must
then be approved by EPA.
B. What decisions has the EPA made in
this rule?
On October 17, 2018, in accordance
with 40 CFR 281.51(a), Arkansas
submitted a complete program revision
application seeking approval for its UST
program revisions corresponding to the
EPA final rule published on July 15,
2015 (80 FR 41566), which finalized
revisions to the 1988 UST regulations
and to the 1988 State program approval
(SPA) regulations. As required by 40
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]]>Agencies
[Federal Register Volume 86, Number 4 (Thursday, January 7, 2021)]
[Rules and Regulations]
[Pages 971-977]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-27806]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2020-0358 and EPA-R09-OAR-2019-0423; FRL-10017-89-Region
9]
Air Plan Partial Approval, Partial Disapproval, and Partial
Conditional Approval; Arizona; Maricopa County Air Quality Department;
Reasonably Available Control Technology State Implementation Plan and
Surface Coating Rule
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is finalizing a
partial approval, partial disapproval, and partial conditional approval
of revisions to the Maricopa County Air Quality Department (MCAQD or
County) portion of the Arizona State Implementation Plan (SIP). This
action concerns the County'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 MCAQD. The EPA
is also finalizing a conditional approval of a MCAQD rule that
regulates emissions from surface coating operations and was submitted
with the RACT SIP demonstration.
DATES: This rule is effective on February 8, 2021.
ADDRESSES: The EPA has established dockets for this action under Docket
No. EPA-R09-OAR-2020-0358 and EPA-R09-OAR-2019-0423. All documents in
[[Page 972]]
the dockets are listed on the https://www.regulations.gov website.
Although listed in the index, 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. If you need assistance
in a language other than English or if you are a person with
disabilities who needs a reasonable accommodation at no cost to you,
please contact the person identified in the FOR FURTHER INFORMATION
CONTACT section.
FOR FURTHER INFORMATION CONTACT: Nicole Law, EPA Region IX, 75
Hawthorne St., San Francisco, CA 94105. By phone: (415) 947-4126 or by
email at [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to the EPA.
Table of Contents
I. Proposed Action
II. EPA Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews
I. Proposed Action
On September 18, 2020 (85 FR 58310), the EPA proposed a partial
approval and partial disapproval of the Arizona Department of
Environmental Quality's (ADEQ) June 22, 2017 submittal of MCAQD's
Analysis of Reasonably Available Control Technology for The 2008 8-Hour
Ozone National Ambient Air Quality Standard (NAAQS) State
Implementation Plan (RACT SIP) and the associated negative
declarations. On January 28, 2020 (85 FR 4928), the EPA proposed to
conditionally approve MCAQD Rule 336 Surface Coating Operations and
associated portions of the RACT Demonstration.
------------------------------------------------------------------------
Local agency Document Adopted Submitted
------------------------------------------------------------------------
MCAQD................. Analysis of 05/24/2017 06/22/2017
Reasonably
Available
Control
Technology for
the 2008 8-Hour
Ozone National
Ambient Air
Quality
Standard
(NAAQS) State
Implementation
Plan (RACT SIP).
MCAQD................. Appendix 1A: 05/24/2017 06/22/2017
Negative
Declarations.
MCAQD................. Rule 336: 11/02/2016 06/22/2017
Surface Coating
Operations.
------------------------------------------------------------------------
MCAQD's RACT SIP provides the County's demonstration that the
applicable SIP for the MCAQD satisfies CAA section 182 RACT
requirements for the 2008 8-hour ozone NAAQS. This conclusion is based
on the County'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 Compounds (VOCs) or oxides of nitrogen
(NOX).
With respect to CTG source categories, MCAQD determined that it had
sources subject to the CTGs covering solvent metal cleaning, industrial
cleaning solvents, miscellaneous metal and plastic parts coating, can
coating, fabric coating, film and foil coating, rotogravure and
flexography, lithographic printing and letter press printing, wood
furniture manufacturing operations, storage of petroleum liquids, tank
truck gasoline loading terminals, bulk gasoline plants, gasoline tank
trucks and vapor collection systems, and gasoline service stations.
MCAQD submitted for SIP approval six rules to implement RACT for these
CTG categories: Rules 336, 342, 350, 351, 352, and 353.
On February 26, 2020 (85 FR 10986), the EPA conditionally approved
Rules 350, 351, 352, and 353 into the SIP, and also conditionally
approved the associated CTG source categories for the MCAQD 2016 RACT
SIP: ``Control of Volatile Organic Emissions from Storage of Petroleum
Liquids in Fixed-Roof Tanks'' (EPA-450/2-77-036), ``Control of Volatile
Organic Emissions from Petroleum Liquid Storage in External Floating
Roof Tanks'' (EPA-450/2-78-047), ``Control of Hydrocarbons from Tank
Truck Gasoline Loading Terminals'' (EPA-450/2-77-026), ``Control of
Volatile Organic Emissions from Bulk Gasoline Plants'' (EPA-450/2-77-
035), ``Control of Volatile Organic Compound Leaks from Gasoline Tank
Trucks and Vapor Collection Systems'' (EPA-450/2-78-051), and ``Design
Criteria for Stage I Vapor Control Systems--Gasoline Service Stations''
(EPA-450/R-75-102). MCAQD has committed to correct the EPA's identified
deficiencies, and ADEQ has committed to submit the updated rules within
one year of the EPA's final conditional approval. If MCAQD corrects the
identified deficiencies and the EPA approves the updated rules, MCAQD
will have met its RACT obligation for these rules, and the associated
CTGs. We are not acting on rules 350, 351, 352, and 353, or the
associated CTG categories in the MCAQD's 2016 RACT SIP in this action.
On August 27, 2019 (84 FR 44701), the EPA approved Rule 342 into
the SIP, finding that the rule met current RACT. This rulemaking also
approved Rule 337, which had been submitted earlier and was not part of
the 2016 RACT SIP submittal. Although we approved Rules 337 and 342,
and found that they established RACT level controls, we did not in that
action approve the 2016 RACT SIP for the associated CTG source
categories. On September 18, 2020 (85 FR 58310), the EPA proposed to
find that Rules 331, 337, and 342 establish RACT-level controls for the
sources within the following CTG source categories: ``Control of
Volatile Organic Emissions from Solvent Metal Cleaning'' (EPA-450/2-77-
022), ``Control Techniques Guidelines: Industrial Cleaning Solvents''
(EPA-453/R-06-001), ``Control of Volatile Organic Emissions from
Existing Stationary Sources--Volume VIII: Graphic Arts--Rotogravure and
Flexography'' (EPA-430/2-78-033) and ``Offset Lithographic Printing and
Letterpress Printing'' (EPA-453/R06-002), and ``Control of Volatile
Organic Compound Emissions from Wood Furniture Manufacturing
Operations'' (EPA-453/R-96-007).
On January 28, 2020 (85 FR 4928), the EPA proposed conditional
approval of Rule 336 into the SIP, as well as conditional approval of
the associated eight CTG source categories for the County's 2016 RACT
SIP: ``Control of Volatile Organic Emissions from Existing Stationary
Sources--Volume II: Surface Coating of Cans, Coils, Paper, Fabrics,
Automobiles, and Light-Duty Trucks'' (EPA-450/2-77-008), ``Control of
Volatile Organic Emissions from Existing Stationary Sources--Volume
III: Surface Coating of Metal Furniture'' (EPA-450/2-77-032), ``Control
of Volatile Organic Emissions from Existing Stationary Sources--Volume
V: Surface Coating of Large Appliances'' (EPA-450/2-77-034), ``Control
of Volatile Organic Emissions from Existing Stationary Sources--Volume
VI: Surface Coating of Miscellaneous Metal Parts and Products'' (EPA-
450/2-78-15), ``Control Techniques Guidelines for Metal Furniture
Coatings'' (EPA-
[[Page 973]]
453/R-07-005), ``Control Techniques Guidelines for Large Appliance
Coatings'' (EPA-453/R07-004), ``Control Techniques Guidelines for
Miscellaneous Metal and Plastic Parts Coatings'' (EPA-453/R-08-003),
and ``Control Techniques Guidelines For Paper, Film, and Foil
Coatings'' (EPA-453/R-07-003). MCAQD has committed to correct the EPA's
identified deficiencies, and ADEQ has committed to submit the updated
rule within one year of the EPA's final conditional approval. If MCAQD
corrects the identified deficiencies and the EPA approves the updated
rule, the County will have met its RACT obligation for this rule, and
the associated CTGs.
On September 18, 2020 (85 FR 58310), we proposed to approve
negative declarations, including negative declarations for some of the
source categories covered by Rule 336. Specifically, of eight CTG
source categories addressed by Rule 336 (as listed in the prior
paragraph), our September proposal proposed to approve negative
declarations for five of them: ``Control of Volatile Organic Emissions
from Existing Stationary Sources--Volume III: Surface Coating of Metal
Furniture'' (EPA-450/2-77-032), ``Control of Volatile Organic Emissions
from Existing Stationary Sources--Volume V: Surface Coating of Large
Appliances'' (EPA-450/2-77-034), ``Control Techniques Guidelines for
Metal Furniture Coatings'' (EPA-453/R-07-005), ``Control Techniques
Guidelines for Large Appliance Coatings'' (EPA-453/R07-004), and
``Control Techniques Guidelines For Paper, Film, and Foil Coatings''
(EPA-453/R-07-003). In addition, it proposed approval of negative
declarations for the coils, paper, automobile and light-duty truck
portions of the CTG ``Control of Volatile Organic Emissions from
Existing Stationary Sources-- Volume II: Surface Coating of Cans,
Coils, Paper, Fabrics, Automobiles, and Light-Duty Trucks'' (EPA-450/2-
77-008). In the same notice, the EPA also proposed to disapprove
negative declarations for the Aerospace Coating and Industrial
Adhesives source categories, because there are applicable sources in
the Maricopa County portion of the Phoenix-Mesa ozone nonattainment
area.
With respect to major non-CTG stationary sources of Volatile
Organic Compounds (VOCs) or oxides of nitrogen (NOX), MCAQD
determined it had RACT rules covering these sources. On September 18,
2020 (85 FR 58310), the EPA proposed to approve the County's RACT
determination that it has RACT rules covering major non-CTG sources of
VOC and proposed to disapprove the RACT determination that it has RACT
rules covering major sources of NOX.
The proposed actions and associated technical support documents
contain more information on the basis for this rulemaking and on our
evaluation of the submittal.
II. EPA Action
The EPA's proposed actions provided 30-day public comment periods.
During the comment periods for the two proposed actions, we received no
comments. Therefore, as authorized in section 110(k)(4) of the Act, the
EPA is conditionally approving into the Arizona SIP, Rule 336 and
MCAQD's RACT Demonstration for the 2008 8-hr ozone NAAQS with respect
to the following Control Techniques Guidelines (CTGs), as described in
our proposal:
1. ``Control of Volatile Organic Emissions from Existing Stationary
Sources--Volume II: Surface Coating of Cans, Coils, Paper, Fabrics,
Automobiles, and Light-Duty Trucks'' EPA-450/2-77-008, May 1977, cans
and fabrics portions only.\1\
---------------------------------------------------------------------------
\1\ Note that in this action the EPA is finalizing approval of
negative declarations for the other categories covered by this CTG:
Surface coating of coils, paper, automobiles, and light-duty trucks.
---------------------------------------------------------------------------
2. ``Control of Volatile Organic Emissions from Existing Stationary
Sources--Volume VI: Surface Coating of Miscellaneous Metal Parts and
Products,'' EPA-450/2-78-15, June 1978.
3. ``Control Techniques Guidelines for Miscellaneous Metal and
Plastic Parts Coatings,'' EPA-453/R-08-003, September 2008.\2\
---------------------------------------------------------------------------
\2\ Our January 28, 2020 proposal also noted that the
deficiencies in Rule 336 were not consistent with the 2007 CTGs for
Metal Furniture and Large Appliance Coatings (85 FR at 4930).
However, our September 18, 2020 proposal proposed to approve
negative declarations for these two source categories. This final
action approves these negative declarations. Therefore, the RACT SIP
is fully approved with respect to these CTG source categories, and
they are not included within the scope of the conditional approval
of the RACT demonstration for CTG source categories associated with
Rule 336.
---------------------------------------------------------------------------
If the MCAQD and the ADEQ submit the required rule revisions to
Rule 336 by the specified deadline, and the EPA approves the
submission, then the identified deficiencies will be cured. However, if
MCAQD, through the ADEQ, fails to submit these revisions to Rule 336
within the required timeframe, the conditional approval will be treated
as a disapproval for Rule 336 and the RACT demonstration for the three
CTG categories listed above.
Also, as authorized in sections 110(k)(3) and 301(a) of the Act,
the EPA is finalizing a partial approval and partial disapproval of the
remainder of the RACT SIP and associated negative declarations, as
proposed.
We are finalizing a partial disapproval with respect to the
portions of the RACT SIP addressing RACT for major sources of
NOX, and CTG source categories for Aerospace Coating and
Industrial Adhesives (``National Emission Standards for Hazardous Air
Pollutants for Source Categories: Aerospace Manufacturing and Rework''
(59 FR 29216), ``Control of Volatile Organic Compound Emissions from
Coating Operations at Aerospace Manufacturing and Rework Operations''
(EPA-453/R-97-004), and ``Control Techniques Guidelines for
Miscellaneous Industrial Adhesives'' (EPA-453/R-08-005)). As a result
of the final partial disapproval, offset sanctions will be imposed
unless the EPA approves a subsequent SIP revision that corrects the
identified deficiencies within 18 months of the effective date of this
action. Highway sanctions will be imposed unless the EPA approves a
subsequent SIP revision that corrects the rule deficiencies within 24
months of the effective date of this action. These sanctions will be
imposed under section 179 of the CAA and 40 CFR 52.31. Additionally,
section 110(c) requires the EPA to promulgate a federal implementation
plan within 24 months unless we approve subsequent SIP revisions that
correct the deficiencies.
The EPA is finalizing a partial approval of the RACT SIP with
respect to all remaining source categories, as proposed. This includes
approval of the County's negative declarations, with the exception of
the three disapproved negative declarations, and the County's RACT
certifications for the following CTG source categories: ``Control of
Volatile Organic Emissions from Solvent Metal Cleaning'' (EPA-450/2-77-
022), ``Control Techniques Guidelines: Industrial Cleaning Solvents''
(EPA-453/R-06-001), ``Control of Volatile Organic Emissions from
Existing Stationary Sources--Volume VIII: Graphic Arts--Rotogravure and
Flexography'' (EPA-430/2-78-033) and ``Offset Lithographic Printing and
Letterpress Printing'' (EPA-453/R06-002), and ``Control of Volatile
Organic Compound Emissions from Wood Furniture Manufacturing
Operations'' (EPA-453/R-96-007).
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
[[Page 974]]
51.5, the EPA is finalizing the incorporation by reference of the MCAQD
rule 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 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
conditional approval, and will be incorporated by reference in the next
update to the SIP compilation.\3\ The EPA has made, and will continue
to make, these documents available through www.regulations.gov and at
the EPA Region IX Office (please contact the person identified in the
FOR FURTHER INFORMATION CONTACT section of this preamble for more
information).
---------------------------------------------------------------------------
\3\ 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://www.epa.gov/laws-regulations/laws-and-executive-orders.
A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review
This 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 this action is not significant under Executive Order 12866.
C. Paperwork Reduction Act (PRA)
This action does not impose an information collection burden under
the PRA, because this SIP partial approval, partial disapproval, and
partial conditional approval does not in-and-of itself create any new
information collection burdens, but simply partially approves,
partially disapproves, and partially conditionally approves certain
State requirements for inclusion in the SIP.
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. This SIP
partial approval partial disapproval, and partial conditional approval
does not in-and-of itself create any new requirements but simply
partially approves, partially disapproves, and partially conditionally
approves certain pre-existing State requirements for inclusion in the
SIP.
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 partially approves, partially
disapproves, and partially conditionally approves pre-existing
requirements under State or local law and imposes no new requirements.
Accordingly, no additional costs to state, local, or tribal
governments, or to the private sector, 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 revision that the EPA is
partially approving, partially disapproving, and partially
conditionally approving would not 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 this SIP partial approval, partial
disapproval, and partial conditional approval does not in-and-of itself
create any new regulations, but simply partially approves, partially
disapproves, and partially conditionally approves certain pre-existing
State requirements for inclusion in the SIP.
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 Populations
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 March 8, 2021. 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.
[[Page 975]]
Dated: December 11, 2020.
John Busterud,
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. Amend Sec. 52.119 by adding paragraph (c)(3) to read as follows:
Sec. 52.119 Identification of plan--conditional approvals.
* * * * *
(c) * * *
(3) The EPA is conditionally approving portions of the Arizona SIP
revisions submitted on June 22, 2017. The conditional approval is based
upon the February 25, 2019 commitment from the State to submit a SIP
revision consisting of rule revisions that will cure the identified
deficiencies within twelve (12) months after the EPA's conditional
approval. If the State fails to meet its commitment, the conditional
approval will be treated as a disapproval with respect to the rules and
CTG categories for which the corrections are not met. The following
MCAQD rules and additional materials are conditionally approved:
(i) Rule 336, Surface Coating Operations;
(ii) The RACT demonstration titled ``Analysis of Reasonably
Available Control Technology for the 2008 8-Hour Ozone National Ambient
Air Quality Standards (NAAQS) State Implementation Plan (RACT SIP),''
only those portions of the document claiming RACT was met for the
following CTG source categories, ``Control of Volatile Organic
Emissions from Existing Stationary Sources--Volume VI: Surface Coating
of Miscellaneous Metal Parts and Products,'' EPA-450/2-78-15, June
1978, ``Control Techniques Guidelines for Miscellaneous Metal and
Plastic Parts Coatings,'' EPA-453/R-08-003, September 2008, and
``Control of Volatile Organic Emissions from Existing Stationary
Sources--Volume II: Surface Coating of Cans, Coils, Paper, Fabrics,
Automobiles, and Light-Duty Trucks'' EPA-450/2-77-008, May 1977 (cans
and fabrics categories, only).
0
3. Amend Sec. 52.120 as follows:
0
a. In paragraph (c), Table 4 under the table headings ``Post-July 1988
Rule Codification'' and ``Regulation III--Control of Air
Contaminants,'' by revising the entry for ``Rule 336.''
0
b. In paragraph (e), Table 1, under the subheading ``Part D Elements
and Plans for the Metropolitan Phoenix and Tucson Areas,'' by adding an
entry for ``Analysis of Reasonably Available Control Technology for the
2008 8-Hour Ozone National Ambient Air Quality Standard (NAAQS) State
Implementation Plan (RACT SIP)'' 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 revision and addition read as follows:
Sec. 52.120 Identification of plan.
* * * * *
(c) * * *
Table 4--EPA-Approved Maricopa County Air Pollution Control Regulations
----------------------------------------------------------------------------------------------------------------
State Additional
County citation Title/subject effective date EPA approval date explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Post-July 1988 Rule Codification
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Regulation III--Control of Air Contaminants
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Rule 336................. Surface Coating 11/02/2016 01/07/2021, [INSERT Submitted on June 22,
Operations. Federal Register 2017.
CITATION].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
(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
Name of SIP provision or nonattainment area State EPA approval date Explanation
or title/subject submittal date
----------------------------------------------------------------------------------------------------------------
The State of Arizona Air Pollution Control Implementation Plan
----------------------------------------------------------------------------------------------------------------
[[Page 976]]
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Part D Elements and Plans for the Metropolitan Phoenix and Tucson Areas
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Analysis of Reasonably Maricopa County June 22, 2017 January 7, 2021, Except for those portions
Available Control portion of Phoenix- [INSERT Federal approved on 2/26/2020 in
Technology for the Mesa nonattainment Register CITATION]. 85 FR 10986, and those
2008 8-Hour Ozone area for 2008 8-hour portions of the document
National Ambient Air ozone NAAQS. claiming RACT was met for
Quality Standard the following source
(NAAQS) State categories: ``National
Implementation Plan Emission Standards for
(RACT SIP). Hazardous Air Pollutants
for Source Categories:
Aerospace Manufacturing
and Rework'' (59 FR
29216), ``Control of
Volatile Organic Compound
Emissions from Coating
Operations at Aerospace
Manufacturing and Rework
Operations'' (EPA-453/R-
97-004), ``Control
Techniques Guidelines for
Miscellaneous Industrial
Adhesives'' (EPA-453/R-08-
005), and major sources
of NOX.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
\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
4. Amend Sec. 52.122 by adding paragraph (a)(3) as follows:
Sec. 52.122 Negative declarations.
(a) * * *
(3) Maricopa County Air Quality Department.
(i) The following negative declarations for the 2008 ozone NAAQS
were adopted on May 24, 2017 and submitted on June 22, 2017.
------------------------------------------------------------------------
EPA document No. Title
------------------------------------------------------------------------
EPA-450/2-77-008........................ Surface Coating of Coils.
EPA-450/2-77-008........................ Surface Coating of Paper.
EPA-450/2-77-008........................ Surface Coating of Automobiles
and Light-Duty Trucks.
EPA-450/2-77-025........................ Refinery Vacuum Producing
Systems, Wastewater
Separators, and Process Unit
Turnarounds.
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-450/2-77-037........................ Cutback Asphalt.
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-450/2-78-036........................ Leaks from Petroleum Refinery
Equipment.
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-94-032........................ ACT Surface Coating at
61 FR 44050; 8/27/96.................... Shipbuilding and Ship Repair
Facilities.
Shipbuilding and Ship Repair
Operations (Surface Coating).
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-08-006........................ Automobile and Light-Duty
Truck Assembly Coatings.
EPA 453/B16-001......................... Oil and Natural Gas Industry.
------------------------------------------------------------------------
(ii) [Reserved]
0
5. Amend Sec. 52.124 by adding paragraph (b)(2) to read as follows:
Sec. 52.124 Part D disapproval.
* * * * *
(b) * * *
(2) Maricopa County Air Quality Department.
(i) RACT determinations for major sources of NOX, and
CTG source categories for Aerospace Coating and Industrial Adhesives
(``National Emission Standards for Hazardous Air
[[Page 977]]
Pollutants for Source Categories: Aerospace Manufacturing and Rework''
(59 FR 29216), ``Control of Volatile Organic Compound Emissions from
Coating Operations at Aerospace Manufacturing and Rework Operations''
(EPA-453/R-97-004), and ``Control Techniques Guidelines for
Miscellaneous Industrial Adhesives'' (EPA-453/R-08-005)), in the
submittal titled ``Analysis of Reasonably Available Control Technology
for the 2008 8-Hour Ozone National Ambient Air Quality Standard (NAAQS)
State Implementation Plan (RACT SIP),'' dated December 5, 2016, as
adopted on May 24, 2017 and submitted on June 22, 2017.
(ii) [Reserved]
* * * * *
[FR Doc. 2020-27806 Filed 1-6-21; 8:45 am]
BILLING CODE 6560-50-P
