Air Plan Approval; Arizona; Pinal County Air Quality Control District, 46986-46989 [2021-16862]
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Federal Register / Vol. 86, No. 160 / Monday, August 23, 2021 / Rules and Regulations
[FR Doc. 2021–17712 Filed 8–20–21; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2021–0134; FRL–8760–02–
R9]
Air Plan Approval; Arizona; Pinal
County Air Quality Control District
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking final action to
approve revisions to the Pinal County
Air Quality Control District (PCAQCD)
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
approving local rules that regulate these
emission sources under the Clean Air
SUMMARY:
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.
Table of Contents
I. Proposed Action
II. Public Comments and EPA Responses
III. EPA Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Proposed Action
On March 5, 2021, 2 the EPA proposed
to approve negative declarations for the
2008 8-hour ozone NAAQS in the
portion of the Phoenix-Mesa ozone
nonattainment area under the
jurisdiction of the PCAQCD and the
following two PCAQCD rules: Chapter
5, Article 13, Surface Coating
Operations, and Chapter 5, Article 20,
Storage and Loading of Gasoline at
Gasoline Dispensing Facilities. The
following table lists the documents that
were submitted by the Arizona
Department of Environmental Quality
(AQED) for incorporation into the
Arizona SIP; these documents were the
subject of our March 5, 2021 proposed
rulemaking action and submitted in
response to our August 9, 2019 partial
and limited disapproval actions.3
Local agency
Rule title
Amended
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’’.
8/5/2020 .........
8/20/2020
8/5/2020 .........
8/20/2020
8/5/2020 .........
8/20/2020
PCAQCD .............
PCAQCD .............
We proposed to approve the negative
declarations and two rules because we
determined that they comply with the
relevant CAA requirements. Our
proposed action contains more
information on the negative declarations
and rules as well as on our evaluation.
jbell on DSKJLSW7X2PROD with RULES
Act (CAA or the Act). This approval
stops all sanction and federal
implementation plan clocks started by
our August 9, 2019 partial and limited
disapproval actions.1
DATES: This rule is effective September
22, 2021.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R09–OAR–2021–0134. All
documents in the docket 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
II. Public Comments and EPA
Responses
The EPA’s proposed action provided
a 30-day public comment period. During
this period, we received no comments.
III. EPA Action
No comments were submitted.
Therefore, as authorized in section
110(k)(3) of the Act, the EPA is fully
approving these negative declarations
and rules into the Arizona SIP.
1 84
2 86
FR 39196 (August 9, 2019).
FR 12889.
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4 84
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The August 5, 2020 versions of
Chapter 5, Article 13 and Chapter 5,
Article 20 will replace the previously
approved version of these rules in the
SIP. This approval stops all sanction
and federal implementation plan clocks
started by our August 9, 2019 partial
and limited disapproval actions on the
PCAQCD RACT SIP.4
FR 39196 (August 9, 2019).
FR 39196 (August 9, 2019).
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Federal Register / Vol. 86, No. 160 / Monday, August 23, 2021 / Rules and Regulations
IV. Incorporation by Reference
In this rule, the EPA is finalizing
regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, the EPA is finalizing the
incorporation by reference of the
PCAQCD rules described in the
amendments to 40 CFR part 52 set forth
below. Therefore, these materials have
been approved by the EPA for inclusion
in the SIP, have been incorporated by
reference by the EPA into that plan, are
fully federally enforceable under
sections 110 and 113 of the CAA as of
the effective date of the final rulemaking
of the EPA’s approval, and will be
incorporated by reference in the next
update to the SIP compilation.5 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).
V. Statutory and Executive Order
Reviews
Under the Clean Air Act, the
Administrator is required to approve a
SIP submission that complies with the
provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k);
40 CFR 52.02(a). Thus, in reviewing SIP
submissions, the EPA’s role is to
approve state choices, provided that
they meet the criteria of the Clean Air
Act. Accordingly, this action merely
approves state law as meeting Federal
requirements and does not impose
additional requirements beyond those
imposed by state law. For that reason,
this 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
jbell on DSKJLSW7X2PROD with RULES
5 62
FR 27968 (May 22, 1997).
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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, as
appropriate, disproportionate human
health or environmental effects, using
practicable 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).
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. The EPA will
submit a report containing this action
and other required information to the
U.S. Senate, the U.S. House of
Representatives, and the Comptroller
General of the United States prior to
publication of the rule in the Federal
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46987
Register. A major rule cannot take effect
until 60 days after it is published in the
Federal Register. This action is not a
‘‘major rule’’ as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by October 22, 2021.
Filing a petition for reconsideration by
the Administrator of this final rule does
not affect the finality of this action for
the purposes of judicial review nor does
it extend the time within which a
petition for judicial review may be filed,
and shall not postpone the effectiveness
of such rule or action. This action may
not be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Reporting and
recordkeeping requirements, Volatile
organic compounds.
Dated: July 26, 2021.
Deborah Jordan,
Acting 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. In § 52.120, in paragraph (c), amend
Table 9, under ‘‘Chapter 5. Stationary
Source Performance Standards’’ by
revising the entries for ‘‘5–13–100’’, ‘‘5–
13–200’’, ‘‘5–13–300’’, ‘‘5–13–400’’, ‘‘5–
13–500’’, ‘‘5–20–100’’, ‘‘5–20–200’’, ‘‘5–
20–300’’, ‘‘5–20–400’’ and ‘‘5–20–500’’.
The revisions read as follows:
■
§ 52.120
*
Identification of plan.
*
*
(c) * * *
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*
*
46988
Federal Register / Vol. 86, No. 160 / Monday, August 23, 2021 / Rules and Regulations
TABLE 9—EPA-APPROVED PINAL COUNTY AIR POLLUTION CONTROL REGULATIONS
County
citation
Title/subject
*
*
State
effective
date
*
EPA approval
date
*
Additional explanation
*
*
*
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Chapter 5. Stationary Source Performance Standards
5–13–100 .......
Surface Coating Operations—General.
August 5, 2020
August 23, 2021, [INSERT Federal Register CITATION].
5–13–200 .......
Definitions .......................
August 5, 2020
August 23, 2021, [INSERT Federal Register CITATION].
5–13–300 .......
Standards ........................
August 5, 2020
August 23, 2021, [INSERT Federal Register CITATION].
5–13–400 .......
Administrative Requirements.
August 5, 2020
August 23, 2021, [INSERT Federal Register CITATION].
5–13–500 .......
Monitoring and Records ..
August 5, 2020
August 23, 2021, [INSERT Federal Register CITATION].
*
5–20–100 .......
*
Storage and Loading of
Gasoline at Gasoline
Dispensing Facilities—
General.
*
August 5, 2020
*
August 23, 2021, [INSERT Federal Register CITATION].
5–20–200 .......
Definitions .......................
August 5, 2020
August 23, 2021, [INSERT Federal Register CITATION].
5–20–300 .......
Standards ........................
August 5, 2020
August 23, 2021, [INSERT Federal Register CITATION].
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The August 5, 2020 version of section 5–13–100
replaces the November 30, 2016 version that had
been approved on August 9, 2019 (84 FR
39196). The RACT rule for Surface Coating Operations consists of Pinal County Air Quality Control District sections 5–13–100, 5–13–200, 5–13–
300, 5–13–400, and 5–13–500.
The August 5, 2020 version of section 5–13–200
replaces the November 30, 2016 version that had
been approved on August 9, 2019 (84 FR
39196). The RACT rule for Surface Coating Operations consists of Pinal County Air Quality Control District sections 5–13–100, 5–13–200, 5–13–
300, 5–13–400, and 5–13–500.
The August 5, 2020 version of section 5–13–300
replaces the November 30, 2016 version that had
been approved on August 9, 2019 (84 FR
39196). The RACT rule for Surface Coating Operations consists of Pinal County Air Quality Control District sections 5–13–100, 5–13–200, 5–13–
300, 5–13–400, and 5–13–500. Section 5–13–
390 is not part of the SIP.
The August 5, 2020 version of section 5–13–400
replaces the November 30, 2016 version that had
been approved on August 9, 2019 (84 FR
39196). The RACT rule for Surface Coating Operations consists of Pinal County Air Quality Control District sections 5–13–100, 5–13–200, 5–13–
300, 5–13–400, and 5–13–500.
The August 5, 2020 version of section 5–13–500
replaces the November 30, 2016 version that had
been approved on August 9, 2019 (84 FR
39196). The RACT rule for Surface Coating Operations consists of Pinal County Air Quality Control District sections 5–13–100, 5–13–200, 5–13–
300, 5–13–400, and 5–13–500.
*
*
*
The August 5, 2020 version of section 5–20–100
replaces the November 30, 2016 version that had
been approved on August 9, 2019 (84 FR
39196). The RACT rule for Storage and Loading
of Gasoline at Gasoline Dispensing Facilities
consists of Pinal County Air Quality Control District sections 5–20–100, 5–20–200, 5–20–300, 5–
20–400, and 5–20–500.
The August 5, 2020 version of section 5–20–200
replaces the November 30, 2016 version that had
been approved on August 9, 2019 (84 FR
39196). The RACT rule for Storage and Loading
of Gasoline at Gasoline Dispensing Facilities
consists of Pinal County Air Quality Control District sections 5–20–100, 5–20–200, 5–20–300, 5–
20–400, and 5–20–500.
The August 5, 2020 version of section 5–20–300
replaces the November 30, 2016 version that had
been approved on August 9, 2019 (84 FR
39196). The RACT rule for Storage and Loading
of Gasoline at Gasoline Dispensing Facilities
consists of Pinal County Air Quality Control District sections 5–20–100, 5–20–200, 5–20–300, 5–
20–400, and 5–20–500.
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Federal Register / Vol. 86, No. 160 / Monday, August 23, 2021 / Rules and Regulations
TABLE 9—EPA-APPROVED PINAL COUNTY AIR POLLUTION CONTROL REGULATIONS—Continued
County
citation
State
effective
date
Title/subject
Additional explanation
5–20–400 .......
Administrative Requirements.
August 5, 2020
August 23, 2021, [INSERT Federal Register CITATION].
5–20–500 .......
Monitoring and Records ..
August 5, 2020
August 23, 2021, [INSERT Federal Register CITATION].
*
*
*
*
*
§ 52.122
■
*
*
*
*
*
3. Section 52.122 is amended by
adding paragraph (a)(2)(ii) to read as
follows:
The August 5, 2020 version of section 5–20–400
replaces the November 30, 2016 version that had
been approved on August 9, 2019 (84 FR
39196). The RACT rule for Storage and Loading
of Gasoline at Gasoline Dispensing Facilities
consists of Pinal County Air Quality Control District sections 5–20–100, 5–20–200, 5–20–300, 5–
20–400, and 5–20–500.
The August 5, 2020 version of section 5–20–500
replaces the November 30, 2016 version that had
been approved on August 9, 2019 (84 FR
39196). The RACT rule for Storage and Loading
of Gasoline at Gasoline Dispensing Facilities
consists of Pinal County Air Quality Control District sections 5–20–100, 5–20–200, 5–20–300, 5–
20–400, and 5–20–500.
*
Negative declarations.
*
*
(a) * * *
(2) * * *
*
*
*
(ii) The following negative
declarations for the 2008 ozone NAAQS
were adopted on August 5, 2020 and
submitted on August 20, 2020.
*
EPA document No.
Title
EPA–450/2–77–037 ............
EPA 453/R–08–003 ............
Cutback Asphalt.
Miscellaneous Metal Parts Coatings Tables 3–6 Plastic Parts and Products; Automotive/Transportation and Business Machine Plastic Parts; Pleasure Craft Surface Coatings; Motor Vehicle Materials.
Control Techniques Guidelines for the Oil and Natural Gas Industry.
Major non CTG VOC sources.
Major NOX sources.
EPA 453/B–16–001 ............
N/A ......................................
N/A ......................................
§ 52.124
[Amended]
4. Section 52.124 is amended by
removing and reserving paragraph (b).
■
[FR Doc. 2021–16862 Filed 8–20–21; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 62
[EPA–R02–OAR–2020–0431, FRL–8851–02–
Region 2]
Approval and Promulgation of State
Plans for Designated Facilities; New
York; Revision to Section 111(d) State
Plan for MSW Landfills
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving a revision to
New York’s section 111(d) state plan
(the ‘‘State Plan’’) for Municipal Solid
Waste (MSW) landfills, pursuant to the
Clean Air Act (‘‘CAA’’ or the ‘‘Act’’).
The State Plan revision consists of
SUMMARY:
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EPA approval
date
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amendments to ‘‘Landfill Gas Collection
and Control Systems for Certain
Municipal Solid Waste Landfills,’’ as
well as attendant revisions to the
‘‘General Provisions.’’ New York has
implemented this regulation to
incorporate by reference the revised
Emission Guideline (EG) promulgated
by the EPA for existing MSW landfills
on August 29, 2016. The purpose of the
revised Emission Guideline is to reduce
emissions of landfill gas containing
Non-methane Organic Compounds
(NMOC) and methane by lowering the
emission threshold at which an existing
MSW landfill must install and operate
a Gas Collection and Control System
(GCCS). The emissions threshold
reduction will address air emissions
from all affected MSW landfills,
including NMOC and methane. The
reduction of emissions will improve air
quality and protect the public health
from exposure to landfill gas emissions.
This final rule is effective on
September 22, 2021. The incorporation
by reference of certain material listed in
the rule is approved by the Director of
DATES:
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the Federal Register September 22,
2021.
The EPA has established a
docket for this action under Docket ID
No. EPA–R02–OAR–2020–0431. All
documents in the docket 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
www.regulations.gov, or please contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section for
additional available information.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Fausto Taveras, Environmental
Protection Agency, Region 2, 290
Broadway, New York, New York 10007–
1866, at (212) 637–3378, or by email at
Taveras.Fausto@epa.gov.
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]]>Agencies
[Federal Register Volume 86, Number 160 (Monday, August 23, 2021)]
[Rules and Regulations]
[Pages 46986-46989]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-16862]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2021-0134; FRL-8760-02-R9]
Air Plan Approval; Arizona; Pinal County Air Quality Control
District
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve revisions to the Pinal County Air Quality Control
District (PCAQCD) 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 approving local rules that regulate these emission
sources under the Clean Air Act (CAA or the Act). This approval stops
all sanction and federal implementation plan clocks started by our
August 9, 2019 partial and limited disapproval actions.\1\
---------------------------------------------------------------------------
\1\ 84 FR 39196 (August 9, 2019).
---------------------------------------------------------------------------
DATES: This rule is effective September 22, 2021.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R09-OAR-2021-0134. All documents in the docket 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. Public Comments and EPA Responses
III. EPA Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Proposed Action
On March 5, 2021, \2\ the EPA proposed to approve negative
declarations for the 2008 8-hour ozone NAAQS in the portion of the
Phoenix-Mesa ozone nonattainment area under the jurisdiction of the
PCAQCD and the following two PCAQCD rules: Chapter 5, Article 13,
Surface Coating Operations, and Chapter 5, Article 20, Storage and
Loading of Gasoline at Gasoline Dispensing Facilities. The following
table lists the documents that were submitted by the Arizona Department
of Environmental Quality (AQED) for incorporation into the Arizona SIP;
these documents were the subject of our March 5, 2021 proposed
rulemaking action and submitted in response to our August 9, 2019
partial and limited disapproval actions.\3\
---------------------------------------------------------------------------
\2\ 86 FR 12889.
\3\ 84 FR 39196 (August 9, 2019).
----------------------------------------------------------------------------------------------------------------
Local agency Rule title Amended Submitted
----------------------------------------------------------------------------------------------------------------
PCAQCD.................. Reasonably Available Control Technology 8/5/2020............ 8/20/2020
(RACT) Analysis, Negative Declaration and
Rules Adoption--Appendix B: Additional
Negative Declarations.
PCAQCD.................. Chapter 5, Article 13 Surface Coating 8/5/2020............ 8/20/2020
Operations.
5-13-100, ``General''.....................
5-13-200, ``Definitions''.................
5-13-300, ``Standards''...................
5-13-400, ``Administrative Requirements''.
5-13-500, ``Monitoring and Records''......
PCAQCD.................. Chapter 5, Article 20 Storage and Loading 8/5/2020............ 8/20/2020
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''.......
----------------------------------------------------------------------------------------------------------------
We proposed to approve the negative declarations and two rules
because we determined that they comply with the relevant CAA
requirements. Our proposed action contains more information on the
negative declarations and rules as well as on our evaluation.
II. Public Comments and EPA Responses
The EPA's proposed action provided a 30-day public comment period.
During this period, we received no comments.
III. EPA Action
No comments were submitted. Therefore, as authorized in section
110(k)(3) of the Act, the EPA is fully approving these negative
declarations and rules into the Arizona SIP.
The August 5, 2020 versions of Chapter 5, Article 13 and Chapter 5,
Article 20 will replace the previously approved version of these rules
in the SIP. This approval stops all sanction and federal implementation
plan clocks started by our August 9, 2019 partial and limited
disapproval actions on the PCAQCD RACT SIP.\4\
---------------------------------------------------------------------------
\4\ 84 FR 39196 (August 9, 2019).
---------------------------------------------------------------------------
[[Page 46987]]
IV. Incorporation by Reference
In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, the EPA is finalizing the incorporation by reference of the
PCAQCD rules described in the amendments to 40 CFR part 52 set forth
below. Therefore, these materials have been approved by the EPA for
inclusion in the SIP, have been incorporated by reference by the EPA
into that plan, are fully federally enforceable under sections 110 and
113 of the CAA as of the effective date of the final rulemaking of the
EPA's approval, and will be incorporated by reference in the next
update to the SIP compilation.\5\ 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).
---------------------------------------------------------------------------
\5\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------
V. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, the EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this 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, as appropriate, disproportionate human health or
environmental effects, using practicable 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).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. The EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by October 22, 2021. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.
Dated: July 26, 2021.
Deborah Jordan,
Acting 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. In Sec. 52.120, in paragraph (c), amend Table 9, under ``Chapter 5.
Stationary Source Performance Standards'' by revising the entries for
``5-13-100'', ``5-13-200'', ``5-13-300'', ``5-13-400'', ``5-13-500'',
``5-20-100'', ``5-20-200'', ``5-20-300'', ``5-20-400'' and ``5-20-
500''.
The revisions read as follows:
Sec. 52.120 Identification of plan.
* * * * *
(c) * * *
[[Page 46988]]
Table 9--EPA-Approved Pinal County Air Pollution Control Regulations
----------------------------------------------------------------------------------------------------------------
County citation Title/subject State effective date EPA approval date Additional explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Chapter 5. Stationary Source Performance Standards
----------------------------------------------------------------------------------------------------------------
5-13-100.............. Surface Coating August 5, 2020......... August 23, 2021, The August 5, 2020
Operations--Gener [INSERT Federal version of section 5-
al. Register 13-100 replaces the
CITATION]. November 30, 2016
version that had been
approved on August 9,
2019 (84 FR 39196).
The RACT rule for
Surface Coating
Operations consists of
Pinal County Air
Quality Control
District sections 5-13-
100, 5-13-200, 5-13-
300, 5-13-400, and 5-
13-500.
5-13-200.............. Definitions....... August 5, 2020......... August 23, 2021, The August 5, 2020
[INSERT Federal version of section 5-
Register 13-200 replaces the
CITATION]. November 30, 2016
version that had been
approved on August 9,
2019 (84 FR 39196).
The RACT rule for
Surface Coating
Operations consists of
Pinal County Air
Quality Control
District sections 5-13-
100, 5-13-200, 5-13-
300, 5-13-400, and 5-
13-500.
5-13-300.............. Standards......... August 5, 2020......... August 23, 2021, The August 5, 2020
[INSERT Federal version of section 5-
Register 13-300 replaces the
CITATION]. November 30, 2016
version that had been
approved on August 9,
2019 (84 FR 39196).
The RACT rule for
Surface Coating
Operations consists of
Pinal County Air
Quality Control
District sections 5-13-
100, 5-13-200, 5-13-
300, 5-13-400, and 5-
13-500. Section 5-13-
390 is not part of the
SIP.
5-13-400.............. Administrative August 5, 2020......... August 23, 2021, The August 5, 2020
Requirements. [INSERT Federal version of section 5-
Register 13-400 replaces the
CITATION]. November 30, 2016
version that had been
approved on August 9,
2019 (84 FR 39196).
The RACT rule for
Surface Coating
Operations consists of
Pinal County Air
Quality Control
District sections 5-13-
100, 5-13-200, 5-13-
300, 5-13-400, and 5-
13-500.
5-13-500.............. Monitoring and August 5, 2020......... August 23, 2021, The August 5, 2020
Records. [INSERT Federal version of section 5-
Register 13-500 replaces the
CITATION]. November 30, 2016
version that had been
approved on August 9,
2019 (84 FR 39196).
The RACT rule for
Surface Coating
Operations consists of
Pinal County Air
Quality Control
District sections 5-13-
100, 5-13-200, 5-13-
300, 5-13-400, and 5-
13-500.
* * * * * * *
5-20-100.............. Storage and August 5, 2020......... August 23, 2021, The August 5, 2020
Loading of [INSERT Federal version of section 5-
Gasoline at Register 20-100 replaces the
Gasoline CITATION]. November 30, 2016
Dispensing version that had been
Facilities--Gener approved on August 9,
al. 2019 (84 FR 39196).
The RACT rule for
Storage and Loading of
Gasoline at Gasoline
Dispensing Facilities
consists of Pinal
County Air Quality
Control District
sections 5-20-100, 5-
20-200, 5-20-300, 5-20-
400, and 5-20-500.
5-20-200.............. Definitions....... August 5, 2020......... August 23, 2021, The August 5, 2020
[INSERT Federal version of section 5-
Register 20-200 replaces the
CITATION]. November 30, 2016
version that had been
approved on August 9,
2019 (84 FR 39196).
The RACT rule for
Storage and Loading of
Gasoline at Gasoline
Dispensing Facilities
consists of Pinal
County Air Quality
Control District
sections 5-20-100, 5-
20-200, 5-20-300, 5-20-
400, and 5-20-500.
5-20-300.............. Standards......... August 5, 2020......... August 23, 2021, The August 5, 2020
[INSERT Federal version of section 5-
Register 20-300 replaces the
CITATION]. November 30, 2016
version that had been
approved on August 9,
2019 (84 FR 39196).
The RACT rule for
Storage and Loading of
Gasoline at Gasoline
Dispensing Facilities
consists of Pinal
County Air Quality
Control District
sections 5-20-100, 5-
20-200, 5-20-300, 5-20-
400, and 5-20-500.
[[Page 46989]]
5-20-400.............. Administrative August 5, 2020......... August 23, 2021, The August 5, 2020
Requirements. [INSERT Federal version of section 5-
Register 20-400 replaces the
CITATION]. November 30, 2016
version that had been
approved on August 9,
2019 (84 FR 39196).
The RACT rule for
Storage and Loading of
Gasoline at Gasoline
Dispensing Facilities
consists of Pinal
County Air Quality
Control District
sections 5-20-100, 5-
20-200, 5-20-300, 5-20-
400, and 5-20-500.
5-20-500.............. Monitoring and August 5, 2020......... August 23, 2021, The August 5, 2020
Records. [INSERT Federal version of section 5-
Register 20-500 replaces the
CITATION]. November 30, 2016
version that had been
approved on August 9,
2019 (84 FR 39196).
The RACT rule for
Storage and Loading of
Gasoline at Gasoline
Dispensing Facilities
consists of Pinal
County Air Quality
Control District
sections 5-20-100, 5-
20-200, 5-20-300, 5-20-
400, and 5-20-500.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
0
3. Section 52.122 is amended by adding paragraph (a)(2)(ii) to read as
follows:
Sec. 52.122 Negative declarations.
* * * * *
(a) * * *
(2) * * *
(ii) The following negative declarations for the 2008 ozone NAAQS
were adopted on August 5, 2020 and submitted on August 20, 2020.
------------------------------------------------------------------------
EPA document No. Title
------------------------------------------------------------------------
EPA-450/2-77-037..................... Cutback Asphalt.
EPA 453/R-08-003..................... Miscellaneous Metal Parts
Coatings Tables 3-6 Plastic
Parts and Products; Automotive/
Transportation and Business
Machine Plastic Parts; Pleasure
Craft Surface Coatings; Motor
Vehicle Materials.
EPA 453/B-16-001..................... Control Techniques Guidelines for
the Oil and Natural Gas
Industry.
N/A.................................. Major non CTG VOC sources.
N/A.................................. Major NOX sources.
------------------------------------------------------------------------
Sec. 52.124 [Amended]
0
4. Section 52.124 is amended by removing and reserving paragraph (b).
[FR Doc. 2021-16862 Filed 8-20-21; 8:45 am]
BILLING CODE 6560-50-P
