Rule2021-16862
Air Plan Approval; Arizona; Pinal County Air Quality Control District
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 23, 2021
Effective
September 22, 2021
Issuing agencies
Environmental Protection Agency
Abstract
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\ ---------------------------------------------------------------------------
Full Text
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<title>Federal Register, Volume 86 Issue 160 (Monday, August 23, 2021)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-16862]
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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.
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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\
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\1\ 84 FR 39196 (August 9, 2019).
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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 <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>, 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 <a href="/cdn-cgi/l/email-protection#1c507d6b3252757f7370795c796c7d327b736a"><span class="__cf_email__" data-cfemail="d599b4a2fb9bbcb6bab9b095b0a5b4fbb2baa3">[email protected]</span></a>.
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\
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\2\ 86 FR 12889.
\3\ 84 FR 39196 (August 9, 2019).
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Local agency Rule title Amended Submitted
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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''.......
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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\
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\4\ 84 FR 39196 (August 9, 2019).
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[[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 <a href="http://www.regulations.gov">www.regulations.gov</a> 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).
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\5\ 62 FR 27968 (May 22, 1997).
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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:
<bullet> 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);
<bullet> Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
<bullet> 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.);
<bullet> 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);
<bullet> Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
<bullet> Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
<bullet> Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
<bullet> 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
<bullet> 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
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County citation Title/subject State effective date EPA approval date Additional explanation
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* * * * * * *
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Chapter 5. Stationary Source Performance Standards
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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.
* * * * * * *
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* * * * *
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.
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EPA document No. Title
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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.
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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
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