Air Plan Approval; Arizona; Pinal County Air Quality Control District, 12889-12892 [2021-04387]

Download as PDF Federal Register / Vol. 86, No. 42 / Friday, March 5, 2021 / Proposed Rules Protesters are asked to call or email the person listed in the FOR FURTHER INFORMATION CONTACT section to coordinate protest activities so that your message can be received without jeopardizing the safety or security of people, places, or vessels. Department of Homeland Security Delegation No. 0170.1 ENVIRONMENTAL PROTECTION AGENCY 2. Add § 165.T09–0083 to read as follows: 40 CFR Part 52 V. Public Participation and Request for Comments (a) Location. All navigable waters of the Menominee River within 1000 feet of the blast area on the southern bank of the river at coordinates 43.0705000°N, 086.2346667°. (b) Enforcement Period. The safety zone portion of the regulated area described in paragraph (a) of this section is effective for 15 minutes between 3:30 p.m. and 5:30 p.m. each evening from April 1 to November 30, 2021. The part of the safety zone between the construction barges and the southern bank of the river, and the nowake zone portion of the regulated area described in paragraph (a) of this section will be in effect continuously from April 1 to November 30, 2021. (c) Regulations. (1) In accordance with the general regulations in section § 165.23, entry into, transiting, or anchoring within this safety zone is prohibited unless authorized by the Captain of the Port Lake Michigan (COTP) or a designated representative. (2) This safety zone is closed to all vessel traffic, except as may be permitted by the COTP or a designated representative. (3) The ‘‘designated representative’’ of the COTP is any Coast Guard commissioned, warrant, or petty officer who has been designated by the COTP to act on his or her behalf. (4) Persons and vessel operators desiring to enter or operate within the safety zone during blasting operations, or at speeds that would create a wake, must contact the COTP or an on-scene representative to obtain permission to do so. The COTP or an on-scene representative may be contacted via VHF Channel 16. Vessel operators given permission to enter or operate in the safety zone must comply with all directions given to them by the COTP or an on-scene representative. We view public participation as essential to effective rulemaking, and will consider all comments and material received during the comment period. Your comment can help shape the outcome of this rulemaking. If you submit a comment, please include the docket number for this rulemaking, indicate the specific section of this document to which each comment applies, and provide a reason for each suggestion or recommendation. We encourage you to submit comments through the Federal eRulemaking Portal at https:// www.regulations.gov. If your material cannot be submitted using https:// www.regulations.gov, call or email the person in the FOR FURTHER INFORMATION CONTACT section of this document for alternate instructions. We accept anonymous comments. All comments received will be posted without change to https:// www.regulations.gov and will include any personal information you have provided. For more about privacy and submissions in response to this document, see DHS’s eRulemaking System of Records notice (85 FR 14226, March 11, 2020). Documents mentioned in this NPRM as being available in the docket, and all public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that website’s instructions. Additionally, if you go to the online docket and sign up for email alerts, you will be notified when comments are posted or a final rule is published. List of Subjects in 33 CFR Part 165 Harbors, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, Waterways. For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 165 as follows: jbell on DSKJLSW7X2PROD with PROPOSALS 12889 ■ § 165.T09–0035 Safety Zone; Blasting Project; Menominee River, Marinette, WI. PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS Dated: March 1, 2021. D.P. Montoro, Captain, U.S. Coast Guard, Captain of the Port Lake Michigan. 1. The authority citation for part 165 continues to read as follows: [FR Doc. 2021–04553 Filed 3–4–21; 8:45 am] ■ BILLING CODE 9110–04–P Authority: 46 U.S.C. 70034, 70051; 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; VerDate Sep<11>2014 19:49 Mar 04, 2021 Jkt 253001 PO 00000 Frm 00053 Fmt 4702 Sfmt 4702 [EPA–R09–OAR –2021–0134; FRL–10020– 93-Region 9] Air Plan Approval; Arizona; Pinal County Air Quality Control District Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: The Environmental Protection Agency (EPA) is proposing to approve revisions to the Pinal County Air Quality Control District (PCAQCD or District) portion of the Arizona State Implementation Plan (SIP). These revisions concern the District’s 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 and two volatile organic compound (VOC) rules covering gasoline dispensing and surface coating operations. We are proposing to approve local rules to regulate these emission sources under the Clean Air Act (CAA or the Act). We are taking comments on this proposal and plan to follow with a final action. DATES: Comments must be received on or before April 5, 2021. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–R09– OAR–2021–0134 at https:// www.regulations.gov. For comments submitted at Regulations.gov, follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. The EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. The EPA will generally not consider comments or comment contents located outside of the primary submission (i.e. on the web, cloud, or other file sharing system). For additional submission methods, please contact the person identified in the FOR FURTHER INFORMATION CONTACT section. For the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit SUMMARY: E:\FR\FM\05MRP1.SGM 05MRP1 12890 Federal Register / Vol. 86, No. 42 / Friday, March 5, 2021 / Proposed Rules https://www.epa.gov/dockets/ commenting-epa-dockets. 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) 947–4216 or by email at Law.Nicole@epa.gov. SUPPLEMENTARY INFORMATION: Throughout this document, ‘‘we,’’ ‘‘us’’ and ‘‘our’’ refer to the EPA. Table of Contents I. The State’s Submittal A. What documents did the State submit? B. Are there other versions of these documents? C. What is the purpose of the submitted documents? II. The EPA’s Evaluation and Action A. How is the EPA evaluating the submitted documents? B. Do the documents meet the evaluation criteria? C. The EPA’s Recommendations to Further Improve the Submitted Rules D. Public Comment and Proposed Action III. Incorporation by Reference IV. Statutory and Executive Order Reviews I. The State’s Submittal A. What documents did the State submit? Table 1 lists the documents addressed by this proposal with the dates that they were amended by the local air agency and submitted by the Arizona Department of Environmental Quality (ADEQ). TABLE 1—SUBMITTED DOCUMENTS Local agency Rule title PCAQCD .......... Reasonably Available Control Technology (RACT) Analysis, Negative Declaration and Rules Adoption—Appendix B: Additional Negative Declarations. 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’’ ...................................................................................... 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 .......... PCAQCD .......... On September 14, 2020, the EPA determined that the submittal for PCAQCD’s negative declarations and two rules met the completeness criteria in 40 CFR part 51 Appendix V, which must be met before formal EPA review. jbell on DSKJLSW7X2PROD with PROPOSALS B. Are there other versions of these documents? We approved earlier versions of the two rules, Article 13 Surface Coating Operations and Article 20 Storage and Loading of Gasoline at Gasoline Dispensing Facilities, into the SIP on August 9, 2019 (84 FR 39196). The PCAQCD adopted revisions to the SIPapproved version on August 5, 2020, and ADEQ submitted them to us on August 20, 2020. If we take final action to approve the August 5, 2020 versions of the two rules, these versions will replace the previously approved versions of these rules in the SIP. We approved portions of the RACT SIP and negative declarations on August 9, 2019 (84 FR 39196). The PCAQCD adopted additional negative declarations on August 5, 2020, and ADEQ submitted them to us on August 20, 2020. VerDate Sep<11>2014 19:49 Mar 04, 2021 Jkt 253001 Amended C. What is the purpose of the submitted documents? Emissions of VOCs and oxides of nitrogen (NOX) contribute to the production of ground-level ozone, smog and particulate matter (PM), which harm human health and the environment. Section 110(a) of the CAA requires states to submit regulations that control VOC and NOX emissions. Sections 182(b)(2) and (f) require that SIPs for ozone nonattainment areas classified as Moderate or above implement RACT for any source covered by a Control Techniques Guidelines (CTG) document and for any major source of VOCs or NOX. The PCAQCD is subject to this requirement as it regulates the Pinal County portion of the Phoenix-Mesa ozone nonattainment area that is currently designated and classified as a Moderate nonattainment area for the 2008 8-hour ozone NAAQS. Therefore, the PCAQCD must, at a minimum, adopt RACT-level controls for all sources covered by a CTG document and for all major nonCTG sources of VOCs or NOX within the ozone nonattainment area that it regulates. Any stationary source that emits or has the potential to emit at least 100 tons per year (tpy) of VOCs or NOX is a major stationary source in a PO 00000 Frm 00054 Fmt 4702 Sfmt 4702 Submitted 8/5/2020 8/20/2020 8/5/2020 8/20/2020 8/5/2020 8/20/2020 Moderate ozone nonattainment area (CAA section 182(b)(2), (f) and 302(j)). Section III.D of the preamble to the EPA’s final rule to implement the 2008 ozone NAAQS (80 FR 12264, March 6, 2015) discusses RACT requirements. It states in part that RACT SIPs must contain adopted RACT regulations, certifications where appropriate that existing provisions are RACT, and/or negative declarations that no sources in the nonattainment area are covered by a specific CTG. Id. at 12278. It also provides that states must submit appropriate supporting information for their RACT submissions as described in the EPA’s implementation rule for the 1997 ozone NAAQS. See Id. and 70 FR 71612, 71652 (November 29, 2005). The submitted negative declarations provide PCAQCD’s analyses of its compliance with the CAA section 182 RACT requirements for the 2008 8-hour ozone NAAQS. PCAQCD also adopted and submitted for SIP approval the following two rules. Chapter 5, Article 13 is a rule that establishes VOC content limits for surface coating operations in the Pinal County portion of the Phoenix-Mesa 8hour ozone nonattainment area. It contains: Definitions; VOC content limits; various partial exemptions; requirements for coating application E:\FR\FM\05MRP1.SGM 05MRP1 Federal Register / Vol. 86, No. 42 / Friday, March 5, 2021 / Proposed Rules methods, cleanup of application equipment, work practices for the handling, disposal, and storage of VOC containing materials, and emission control systems; and requirements for monitoring, testing, and recordkeeping. Chapter 5, Article 20 is a rule that establishes limits for VOC emissions from gasoline during storage and loading of gasoline at gasoline dispensing facilities. It contains: Definitions; various exemptions; requirements for vapor recovery equipment, general housekeeping, gasoline storage equipment, and gasoline loading operations; and requirements for monitoring, testing, and recordkeeping. EPA’s technical support documents (TSDs) have more information about the District’s negative declarations, rules, and the EPA’s evaluations thereof. II. The EPA’s Evaluation and Action jbell on DSKJLSW7X2PROD with PROPOSALS A. How is the EPA evaluating the submitted documents? SIP rules must require RACT for each category of sources covered by a CTG document as well as each major source of VOCs or NOX in ozone nonattainment areas classified as Moderate or above (CAA section 182(b)(2)). The PCAQCD regulates a Moderate ozone nonattainment area (40 CFR 81.303) so the District’s rules must implement RACT. States must submit for SIP approval negative declarations for those source categories for which they have not adopted CTG-based regulations (because they have no sources above the CTGrecommended applicability threshold) regardless of whether such negative declarations were made for an earlier SIP.1 To do so, the submittal should provide reasonable assurance that no sources subject to the CTG requirements currently exist in the portion of the ozone nonattainment area that is regulated by the PCAQCD. The District’s analysis must demonstrate that each major source of VOCs or NOX in the ozone nonattainment area is covered by a RACT-level rule, or submit a negative declaration that no such sources exist in the part of the nonattainment area that is within the District. In addition, for each CTG source category, the District must either demonstrate that a RACTlevel rule is in place, or submit a negative declaration. Guidance and policy documents that we use to evaluate CAA section 182 RACT requirements include the following: 1 57 FR 13498, 13512 (April 16, 1992). VerDate Sep<11>2014 19:49 Mar 04, 2021 Jkt 253001 1. ‘‘State Implementation Plans; General Preamble for the Implementation of Title I of the Clean Air Act Amendments of 1990,’’ 57 FR 13498 (April 16, 1992); 57 FR 18070 (April 28, 1992). 2. EPA Office of Air Quality Planning and Standards, ‘‘Issues Relating to VOC Regulation Cutpoints, Deficiencies, and Deviations,’’ May 25, 1988 (‘‘the Bluebook,’’ revised January 11, 1990). 3. EPA Region IX, ‘‘Guidance Document for Correcting Common VOC & Other Rule Deficiencies,’’ August 21, 2001 (‘‘the Little Bluebook’’). 4. ‘‘State Implementation Plans; Nitrogen Oxides Supplement to the General Preamble; Clean Air Act Amendments of 1990 Implementation of Title I; Proposed Rule,’’ (the NOX Supplement), 57 FR 55620, (November 25, 1992). 5. Memorandum dated May 18, 2006, from William T. Harnett, Director, Air Quality Policy Division, to Regional Air Division Directors, Subject: ‘‘RACT Qs & As— Reasonably Available Control Technology (RACT): Questions and Answers.’’ 6. ‘‘Final Rule to Implement the 8-hour Ozone National Ambient Air Quality Standard—Phase 2,’’ 70 FR 71612 (November 29, 2005). 7. ‘‘Implementation of the 2008 National Ambient Air Quality Standards for Ozone: State Implementation Plan Requirements,’’ 80 FR 12264 (March 6, 2015). Rules that are submitted for inclusion into the SIP must be enforceable (CAA section 110(a)(2)), must not interfere with applicable requirements concerning attainment and reasonable further progress or other CAA requirements (CAA section 110(l)), and must not modify certain SIP control requirements in nonattainment areas without ensuring equivalent or greater emissions reductions (CAA section 193). In addition to the documents listed above, guidance and policy documents that we use to evaluate enforceability, stringency, and revision/relaxation requirements include the following: 1. ‘‘Design Criteria for Stage I Vapor Control Systems—Gasoline Service Stations,’’ EPA–450/R–75–102, November 1975. 2. ‘‘Control of Volatile Organic Emissions from Existing Stationary Sources—Volume VI: Surface Coating of Miscellaneous Metal Parts and Products,’’ EPA–450/2–78–015, June 1978. 3. ‘‘Control Techniques Guidelines for Miscellaneous Metal and Plastic Parts Coatings,’’ EPA 453/R–08–003, September 2008. 4. ‘‘Model Volatile Organic Compound Rules for Reasonably Available Control Technology,’’ June 1992. 5. Memorandum dated March 17, 2011, from Scott Mathias, Interim Director, Air Quality Policy Division, U.S. EPA to Regional Air Division PO 00000 Frm 00055 Fmt 4702 Sfmt 4702 12891 Directors, Subject: ‘‘Approving SIP Revisions Addressing VOC RACT Requirements for Certain Coatings Categories.’’ B. Do the documents meet the evaluation criteria? These rules meet CAA requirements and are consistent with relevant guidance regarding enforceability, RACT, and SIP revisions. After reviewing PCAQCD’s list of Title V permitted facilities, we have also determined the negative declarations adopted by PCAQCD are correct. The TSDs have more information on our evaluation. C. The EPA’s Recommendations to Further Improve the Submitted Rules The TSDs include recommendations for the next time the local agency modifies the rules. D. Public Comment and Proposed Action As authorized in section 110(k)(3) of the Act, the EPA proposes to fully approve the submitted rules and negative declarations because they fulfill all relevant requirements. We will accept comments from the public on this proposal until April 5, 2021. If we take final action to approve the submitted rules and negative declarations, our final action will incorporate these rules into the federally enforceable SIP. Our final approval of the submitted rules and negative declarations would correct all of the deficiencies identified in our August 9, 2019 partial approval, partial disapproval and limited approval, limited disapproval of PCAQCD’s RACT SIP submittal for the 2008 8-hour ozone NAAQS (84 FR 39196). III. Incorporation by Reference In this rule, the EPA is proposing to include in a final EPA rule regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, the EPA is proposing to incorporate by reference the two PCAQCD rules described in Table 1 of this preamble. The EPA has made, and will continue to make, these materials 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 Under the Clean Air Act, the Administrator is required to approve a SIP submission that complies with the E:\FR\FM\05MRP1.SGM 05MRP1 jbell on DSKJLSW7X2PROD with PROPOSALS 12892 Federal Register / Vol. 86, No. 42 / Friday, March 5, 2021 / Proposed Rules provisions of the Act and applicable federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, the EPA’s role is to approve state choices, provided that they meet the criteria of the Clean Air Act. Accordingly, this proposed action merely proposes to approve state law as meeting federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this proposed action: • Is not a ‘‘significant regulatory action’’ subject to review by the Office of Management and Budget under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); • Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); • Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); • Does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104–4); • Does not have federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); • Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); • Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); • Is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the Clean Air Act; and • Does not provide the EPA with the discretionary authority to address disproportionate human health or environmental effects with practical, appropriate, and legally permissible methods under Executive Order 12898 (59 FR 7629, February 16, 1994). In addition, the SIP is not approved to apply on any Indian reservation land or in any other area where the EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the rule does not have tribal implications and will not impose substantial direct costs on tribal governments or preempt tribal law as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). VerDate Sep<11>2014 19:49 Mar 04, 2021 Jkt 253001 List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Nitrogen dioxide, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds. Authority: 42 U.S.C. 7401 et seq. Dated: February 23, 2021. Deborah Jordan, Acting Regional Administrator, Region IX. [FR Doc. 2021–04387 Filed 3–4–21; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 81 [EPA–R04–OAR–2020–0482; FRL–10019– 57–Region 4] Air Plan Approval; TN: Redesignation of the Sumner County 2010 Sulfur Dioxide Unclassifiable Area Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: The Environmental Protection Agency (EPA) is proposing to approve a State Implementation Plan (SIP) revision submitted by the State of Tennessee, through the Tennessee Department of Environment and Conservation (TDEC), on September 29, 2020, to redesignate the Sumner County, Tennessee unclassifiable area (hereinafter referred to as the ‘‘Sumner County Area’’ or ‘‘Area’’) to attainment/ unclassifiable for the 2010 1-hour primary sulfur dioxide (SO2) national ambient air quality standard (hereinafter referred to as the ‘‘2010 SO2 1-hour NAAQS’’). EPA now has sufficient information to determine that the Sumner County Area is attaining the 2010 1-hour SO2 NAAQS and, therefore, is proposing to approve the State’s request and redesignate the Area to attainment/unclassifiable for the 2010 1hour SO2 NAAQS. DATES: Comments must be received on or before April 5, 2021. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–R04– OAR–2020–0482 at https:// www.regulations.gov. Follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information SUMMARY: PO 00000 Frm 00056 Fmt 4702 Sfmt 4702 whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. EPA will generally not consider comments or comment contents located outside of the primary submission (i.e., on the web, cloud, or other file sharing system). For additional submission methods, the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit https://www2.epa.gov/dockets/ commenting-epa-dockets. FOR FURTHER INFORMATION CONTACT: Evan Adams, Air Regulatory Management Section, Air Planning and Implementation Branch, Air and Radiation Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW, Atlanta, Georgia 30303–8960. Mr. Adams can be reached by telephone at (404) 562–9009 or via electronic mail at adams.evan@epa.gov. SUPPLEMENTARY INFORMATION: I. Background The Clean Air Act (CAA or Act) establishes a process for air quality management through the establishment and implementation of the national ambient air quality standards (NAAQS). On June 2, 2010, EPA revised the primary SO2 NAAQS, establishing a new 1-hour SO2 standard of 75 parts per billion (ppb). See 75 FR 35520 (June 22, 2010).1 After the promulgation of a new or revised NAAQS, EPA is required to designate all areas of the country, pursuant to section 107(d)(1)–(2) of the CAA. For the 2010 1-hour SO2 NAAQS, designations were based on EPA’s application of the nationwide analytical approach to, and technical assessment of, the weight of evidence for each area, including but not limited to available air quality monitoring data and air quality modeling results. In advance of designating the Sumner County Area, EPA issued updated designations guidance through a March 20, 2015, memorandum from Stephen D. Page, Director, U.S. EPA, Office of Air Quality Planning and Standards, to Air Division Directors, U.S. EPA Regions 1–10 titled, ‘‘Updated Guidance for Area Designations for the 2010 Primary Sulfur Dioxide National Ambient Air Quality Standard,’’ which contained the 1 On February 25, 2019 (effective April 17, 2019), based on a review of the full body of currently available scientific evidence and exposure/risk information, EPA issued a decision to retain the existing NAAQS for SO2. See 84 FR 9866. E:\FR\FM\05MRP1.SGM 05MRP1

Agencies

[Federal Register Volume 86, Number 42 (Friday, March 5, 2021)]
[Proposed Rules]
[Pages 12889-12892]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-04387]


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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR -2021-0134; FRL-10020-93-Region 9]


Air Plan Approval; Arizona; Pinal County Air Quality Control 
District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve revisions to the Pinal County Air Quality Control District 
(PCAQCD or District) portion of the Arizona State Implementation Plan 
(SIP). These revisions concern the District's 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 and two volatile organic 
compound (VOC) rules covering gasoline dispensing and surface coating 
operations. We are proposing to approve local rules to regulate these 
emission sources under the Clean Air Act (CAA or the Act). We are 
taking comments on this proposal and plan to follow with a final 
action.

DATES: Comments must be received on or before April 5, 2021.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2021-0134 at https://www.regulations.gov. For comments submitted at 
Regulations.gov, follow the online instructions for submitting 
comments. Once submitted, comments cannot be edited or removed from 
Regulations.gov. The EPA may publish any comment received to its public 
docket. Do not submit electronically any information you consider to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Multimedia submissions (audio, 
video, etc.) must be accompanied by a written comment. The written 
comment is considered the official comment and should include 
discussion of all points you wish to make. The EPA will generally not 
consider comments or comment contents located outside of the primary 
submission (i.e. on the web, cloud, or other file sharing system). For 
additional submission methods, please contact the person identified in 
the FOR FURTHER INFORMATION CONTACT section. For the full EPA public 
comment policy, information about CBI or multimedia submissions, and 
general guidance on making effective comments, please visit

[[Page 12890]]

https://www.epa.gov/dockets/commenting-epa-dockets. 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) 947-4216 or by 
email at [email protected].

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

Table of Contents

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

I. The State's Submittal

A. What documents did the State submit?

    Table 1 lists the documents addressed by this proposal with the 
dates that they were amended by the local air agency and submitted by 
the Arizona Department of Environmental Quality (ADEQ).

                      Table 1--Submitted Documents
------------------------------------------------------------------------
     Local agency          Rule title         Amended        Submitted
------------------------------------------------------------------------
PCAQCD................  Reasonably              8/5/2020       8/20/2020
                         Available
                         Control
                         Technology
                         (RACT)
                         Analysis,
                         Negative
                         Declaration and
                         Rules Adoption--
                         Appendix B:
                         Additional
                         Negative
                         Declarations.
PCAQCD................  Chapter 5,              8/5/2020       8/20/2020
                         Article 13
                         Surface Coating
                         Operations.
                        5-13-100,
                         ``General''.
                        5-13-200,
                         ``Definitions''.
                        5-13-300,
                         ``Standards''.
                        5-13-400,
                         ``Administrativ
                         e
                         Requirements''.
                        5-13-500,
                         ``Monitoring
                         and Records''.
PCAQCD................  Chapter 5,              8/5/2020       8/20/2020
                         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
                         ``Administrativ
                         e
                         Requirements''.
                        5-20-500
                         ``Monitoring
                         and Records''.
------------------------------------------------------------------------

    On September 14, 2020, the EPA determined that the submittal for 
PCAQCD's negative declarations and two rules met the completeness 
criteria in 40 CFR part 51 Appendix V, which must be met before formal 
EPA review.

B. Are there other versions of these documents?

    We approved earlier versions of the two rules, Article 13 Surface 
Coating Operations and Article 20 Storage and Loading of Gasoline at 
Gasoline Dispensing Facilities, into the SIP on August 9, 2019 (84 FR 
39196). The PCAQCD adopted revisions to the SIP-approved version on 
August 5, 2020, and ADEQ submitted them to us on August 20, 2020. If we 
take final action to approve the August 5, 2020 versions of the two 
rules, these versions will replace the previously approved versions of 
these rules in the SIP.
    We approved portions of the RACT SIP and negative declarations on 
August 9, 2019 (84 FR 39196). The PCAQCD adopted additional negative 
declarations on August 5, 2020, and ADEQ submitted them to us on August 
20, 2020.

C. What is the purpose of the submitted documents?

    Emissions of VOCs and oxides of nitrogen (NOX) 
contribute to the production of ground-level ozone, smog and 
particulate matter (PM), which harm human health and the environment. 
Section 110(a) of the CAA requires states to submit regulations that 
control VOC and NOX emissions. Sections 182(b)(2) and (f) 
require that SIPs for ozone nonattainment areas classified as Moderate 
or above implement RACT for any source covered by a Control Techniques 
Guidelines (CTG) document and for any major source of VOCs or 
NOX. The PCAQCD is subject to this requirement as it 
regulates the Pinal County portion of the Phoenix-Mesa ozone 
nonattainment area that is currently designated and classified as a 
Moderate nonattainment area for the 2008 8-hour ozone NAAQS. Therefore, 
the PCAQCD must, at a minimum, adopt RACT-level controls for all 
sources covered by a CTG document and for all major non-CTG sources of 
VOCs or NOX within the ozone nonattainment area that it 
regulates. Any stationary source that emits or has the potential to 
emit at least 100 tons per year (tpy) of VOCs or NOX is a 
major stationary source in a Moderate ozone nonattainment area (CAA 
section 182(b)(2), (f) and 302(j)).
    Section III.D of the preamble to the EPA's final rule to implement 
the 2008 ozone NAAQS (80 FR 12264, March 6, 2015) discusses RACT 
requirements. It states in part that RACT SIPs must contain adopted 
RACT regulations, certifications where appropriate that existing 
provisions are RACT, and/or negative declarations that no sources in 
the nonattainment area are covered by a specific CTG. Id. at 12278. It 
also provides that states must submit appropriate supporting 
information for their RACT submissions as described in the EPA's 
implementation rule for the 1997 ozone NAAQS. See Id. and 70 FR 71612, 
71652 (November 29, 2005). The submitted negative declarations provide 
PCAQCD's analyses of its compliance with the CAA section 182 RACT 
requirements for the 2008 8-hour ozone NAAQS. PCAQCD also adopted and 
submitted for SIP approval the following two rules.
    Chapter 5, Article 13 is a rule that establishes VOC content limits 
for surface coating operations in the Pinal County portion of the 
Phoenix-Mesa 8-hour ozone nonattainment area. It contains: Definitions; 
VOC content limits; various partial exemptions; requirements for 
coating application

[[Page 12891]]

methods, cleanup of application equipment, work practices for the 
handling, disposal, and storage of VOC containing materials, and 
emission control systems; and requirements for monitoring, testing, and 
recordkeeping.
    Chapter 5, Article 20 is a rule that establishes limits for VOC 
emissions from gasoline during storage and loading of gasoline at 
gasoline dispensing facilities. It contains: Definitions; various 
exemptions; requirements for vapor recovery equipment, general 
housekeeping, gasoline storage equipment, and gasoline loading 
operations; and requirements for monitoring, testing, and 
recordkeeping.
    EPA's technical support documents (TSDs) have more information 
about the District's negative declarations, rules, and the EPA's 
evaluations thereof.

II. The EPA's Evaluation and Action

A. How is the EPA evaluating the submitted documents?

    SIP rules must require RACT for each category of sources covered by 
a CTG document as well as each major source of VOCs or NOX 
in ozone nonattainment areas classified as Moderate or above (CAA 
section 182(b)(2)). The PCAQCD regulates a Moderate ozone nonattainment 
area (40 CFR 81.303) so the District's rules must implement RACT.
    States must submit for SIP approval negative declarations for those 
source categories for which they have not adopted CTG-based regulations 
(because they have no sources above the CTG-recommended applicability 
threshold) regardless of whether such negative declarations were made 
for an earlier SIP.\1\ To do so, the submittal should provide 
reasonable assurance that no sources subject to the CTG requirements 
currently exist in the portion of the ozone nonattainment area that is 
regulated by the PCAQCD.
---------------------------------------------------------------------------

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

    The District's analysis must demonstrate that each major source of 
VOCs or NOX in the ozone nonattainment area is covered by a 
RACT-level rule, or submit a negative declaration that no such sources 
exist in the part of the nonattainment area that is within the 
District. In addition, for each CTG source category, the District must 
either demonstrate that a RACT-level rule is in place, or submit a 
negative declaration. Guidance and policy documents that we use to 
evaluate CAA section 182 RACT requirements include the following:

    1. ``State Implementation Plans; General Preamble for the 
Implementation of Title I of the Clean Air Act Amendments of 1990,'' 
57 FR 13498 (April 16, 1992); 57 FR 18070 (April 28, 1992).
    2. EPA Office of Air Quality Planning and Standards, ``Issues 
Relating to VOC Regulation Cutpoints, Deficiencies, and 
Deviations,'' May 25, 1988 (``the Bluebook,'' revised January 11, 
1990).
    3. EPA Region IX, ``Guidance Document for Correcting Common VOC 
& Other Rule Deficiencies,'' August 21, 2001 (``the Little 
Bluebook'').
    4. ``State Implementation Plans; Nitrogen Oxides Supplement to 
the General Preamble; Clean Air Act Amendments of 1990 
Implementation of Title I; Proposed Rule,'' (the NOX 
Supplement), 57 FR 55620, (November 25, 1992).
    5. Memorandum dated May 18, 2006, from William T. Harnett, 
Director, Air Quality Policy Division, to Regional Air Division 
Directors, Subject: ``RACT Qs & As--Reasonably Available Control 
Technology (RACT): Questions and Answers.''
    6. ``Final Rule to Implement the 8-hour Ozone National Ambient 
Air Quality Standard--Phase 2,'' 70 FR 71612 (November 29, 2005).
    7. ``Implementation of the 2008 National Ambient Air Quality 
Standards for Ozone: State Implementation Plan Requirements,'' 80 FR 
12264 (March 6, 2015).

    Rules that are submitted for inclusion into the SIP must be 
enforceable (CAA section 110(a)(2)), must not interfere with applicable 
requirements concerning attainment and reasonable further progress or 
other CAA requirements (CAA section 110(l)), and must not modify 
certain SIP control requirements in nonattainment areas without 
ensuring equivalent or greater emissions reductions (CAA section 193).
    In addition to the documents listed above, guidance and policy 
documents that we use to evaluate enforceability, stringency, and 
revision/relaxation requirements include the following:
    1. ``Design Criteria for Stage I Vapor Control Systems--Gasoline 
Service Stations,'' EPA-450/R-75-102, November 1975.
    2. ``Control of Volatile Organic Emissions from Existing Stationary 
Sources--Volume VI: Surface Coating of Miscellaneous Metal Parts and 
Products,'' EPA-450/2-78-015, June 1978.
    3. ``Control Techniques Guidelines for Miscellaneous Metal and 
Plastic Parts Coatings,'' EPA 453/R-08-003, September 2008.
    4. ``Model Volatile Organic Compound Rules for Reasonably Available 
Control Technology,'' June 1992.
    5. Memorandum dated March 17, 2011, from Scott Mathias, Interim 
Director, Air Quality Policy Division, U.S. EPA to Regional Air 
Division Directors, Subject: ``Approving SIP Revisions Addressing VOC 
RACT Requirements for Certain Coatings Categories.''

B. Do the documents meet the evaluation criteria?

    These rules meet CAA requirements and are consistent with relevant 
guidance regarding enforceability, RACT, and SIP revisions. After 
reviewing PCAQCD's list of Title V permitted facilities, we have also 
determined the negative declarations adopted by PCAQCD are correct. The 
TSDs have more information on our evaluation.

C. The EPA's Recommendations to Further Improve the Submitted Rules

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

D. Public Comment and Proposed Action

    As authorized in section 110(k)(3) of the Act, the EPA proposes to 
fully approve the submitted rules and negative declarations because 
they fulfill all relevant requirements. We will accept comments from 
the public on this proposal until April 5, 2021. If we take final 
action to approve the submitted rules and negative declarations, our 
final action will incorporate these rules into the federally 
enforceable SIP. Our final approval of the submitted rules and negative 
declarations would correct all of the deficiencies identified in our 
August 9, 2019 partial approval, partial disapproval and limited 
approval, limited disapproval of PCAQCD's RACT SIP submittal for the 
2008 8-hour ozone NAAQS (84 FR 39196).

III. Incorporation by Reference

    In this rule, the EPA is proposing to include in a final EPA rule 
regulatory text that includes incorporation by reference. In accordance 
with requirements of 1 CFR 51.5, the EPA is proposing to incorporate by 
reference the two PCAQCD rules described in Table 1 of this preamble. 
The EPA has made, and will continue to make, these materials 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

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the

[[Page 12892]]

provisions of the Act and applicable federal regulations. 42 U.S.C. 
7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, the EPA's 
role is to approve state choices, provided that they meet the criteria 
of the Clean Air Act. Accordingly, this proposed action merely proposes 
to approve state law as meeting federal requirements and does not 
impose additional requirements beyond those imposed by state law. For 
that reason, this proposed action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Orders 
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 
2011);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the Clean Air Act; and
     Does not provide the EPA with the discretionary authority 
to address disproportionate human health or environmental effects with 
practical, appropriate, and legally permissible methods under Executive 
Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian 
reservation land or in any other area where the EPA or an Indian tribe 
has demonstrated that a tribe has jurisdiction. In those areas of 
Indian country, the rule does not have tribal implications and will not 
impose substantial direct costs on tribal governments or preempt tribal 
law as specified by Executive Order 13175 (65 FR 67249, November 9, 
2000).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Nitrogen dioxide, Ozone, 
Reporting and recordkeeping requirements, Volatile organic compounds.

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

    Dated: February 23, 2021.
Deborah Jordan,
Acting Regional Administrator, Region IX.
[FR Doc. 2021-04387 Filed 3-4-21; 8:45 am]
BILLING CODE 6560-50-P
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.