Rule2024-31701
Air Plan Approval; Arizona; Maricopa County Air Quality Department
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
January 16, 2025
Effective
February 18, 2025
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is taking final action to approve revisions to the Maricopa County Air Quality Department (MCAQD or "County") portions of the Arizona State Implementation Plan (SIP). These revisions concern the County's reasonably available control technology (RACT) demonstration for the aerospace coating category and negative declarations for the 2008 8- hour ozone National Ambient Air Quality Standards (NAAQS or "standards") in the portion of the Phoenix-Mesa ozone nonattainment area regulated by the MCAQD, as well as a rule covering emissions of volatile organic compounds (VOCs) from surface coatings and industrial adhesives. We are also approving a local rule that regulates these emission sources under the Clean Air Act (CAA or "the Act").
Full Text
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<title>Federal Register, Volume 90 Issue 10 (Thursday, January 16, 2025)</title>
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[Federal Register Volume 90, Number 10 (Thursday, January 16, 2025)]
[Rules and Regulations]
[Pages 4652-4655]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-31701]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2022-0607; FRL-10024-03-R9]
Air Plan Approval; Arizona; Maricopa County Air Quality
Department
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 Maricopa County Air Quality
Department (MCAQD or ``County'') portions of the Arizona State
Implementation Plan (SIP). These revisions concern the County's
reasonably available control technology (RACT) demonstration for the
aerospace coating category and negative declarations for the 2008 8-
hour ozone National Ambient Air Quality Standards (NAAQS or
``standards'') in the portion of the Phoenix-Mesa ozone nonattainment
area regulated by the MCAQD, as well as a rule covering emissions of
volatile organic compounds (VOCs) from surface coatings and industrial
adhesives. We are also approving a local rule that regulates these
emission sources under the Clean Air Act (CAA or ``the Act'').
DATES: This rule is effective February 18, 2025.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R09-OAR-2022-0607. 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 (CBI) 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 a
disability 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#cf83aeb8e181a6aca0a3aa8faabfaee1a8a0b9"><span class="__cf_email__" data-cfemail="fab69b8dd4b4939995969fba9f8a9bd49d958c">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to the EPA.
Table of Contents
I. Proposed Action and Interim Final Determination
II. Public Comments and EPA Responses
III. EPA Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Proposed Action and Interim Final Determination
On August 4, 2022 (87 FR 47663), the EPA proposed to approve a RACT
certification for Aerospace Manufacturing and Rework Operations, Rule
336 ``Surface Coating Operations and Industrial Adhesive Application
Processes,'' and negative declarations for the 2008 8-hour ozone NAAQS.
The following table lists the documents that were submitted by the
Arizona Department of Environmental Quality (ADEQ) for incorporation
into the Arizona SIP and were the subject of our August 4, 2022
proposed rulemaking action.
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Local agency Document Adopted Submitted
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MCAQD......................................... Maricopa County Reasonably Available 06/23/21 06/30/21
Control Technology (RACT)
Certification for Volatile Organic
Compound (VOC) Emissions from
Aerospace Manufacturing and Rework
Operations In Maricopa County June
2021.
MCAQD......................................... Rule 336 Surface Coating Operations 09/01/21 09/17/21
and Industrial Adhesive Application
Processes.
MCAQD......................................... Negative Declarations for Three 09/01/21 09/17/21
Coating Categories Listed in the 2008
Control Techniques Guidelines for
Miscellaneous Metal and Plastic Parts
Coatings.
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We proposed to approve the RACT certification, rule, and negative
declarations because we determined that they comply with the relevant
CAA requirements. Our proposed action contains more information on the
RACT certification, rule, negative declarations, and our evaluation. On
the same day, we also made an interim final determination (87 FR 47630)
that the submittal from the ADEQ corrected SIP deficiencies from a
previous submittal, allowing us to defer the imposition of sanctions
resulting from our previous disapproval action concerning ozone
nonattainment requirements.
[[Page 4653]]
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 the RACT
certification, rule, and negative declarations into the Arizona SIP.
The September 1, 2021 version of Rule 336 will replace the previously
approved version of this rule in the SIP. This approval permanently
stops sanctions and Federal implementation plan clocks started by our
January 7, 2021 partial disapproval and partial conditional approval
actions on portions of the MCAQD RACT SIP.\1\
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\1\ 86 FR 971 (January 7, 2021).
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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 MCAQD
Rule 336, ``Surface Coating Operations and Industrial Adhesive
Application Processes,'' revised on September 1, 2021, which regulates
VOC emissions from surface coating operations and industrial adhesive
application processes. 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.\2\ The EPA has made, and
will continue to make, these documents available through <a href="https://www.regulations.gov">https://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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\2\ 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 CAA. 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 14094 (88 FR 21879, April 11, 2023);
<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 subject to Executive Order 13045 (62 FR 19885,
April 23, 1997) because it approves a State program;
<bullet> Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001); and
<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 CAA.
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).
Executive Order 12898 (Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations, 59 FR 7629,
Feb. 16, 1994) directs Federal agencies to identify and address
``disproportionately high and adverse human health or environmental
effects'' of their actions on communities with environmental justice
(EJ) concerns to the greatest extent practicable and permitted by law.
Executive Order 14096 (Revitalizing Our Nation's Commitment to
Environmental Justice for All, 88 FR 25251, April 26, 2023) builds on
and supplements Executive Order 12898 and defines EJ as, among other
things, ``the just treatment and meaningful involvement of all people,
regardless of income, race, color, national origin, Tribal affiliation,
or disability, in agency decision-making and other Federal activities
that affect human health and the environment.''
The State did not evaluate EJ considerations as part of its SIP
submittal; the CAA and applicable implementing regulations neither
prohibit nor require such an evaluation. The EPA did not perform an EJ
analysis and did not consider EJ in this action. Due to the nature of
the action being taken here, this action is expected to have a neutral
to positive impact on the air quality of the affected area.
Consideration of EJ is not required as part of this action, and there
is no information in the record inconsistent with the stated goal of
Executive Orders 12898 and 14096 of achieving EJ for communities with
EJ concerns.
This action is subject to the Congressional Review Act, and the EPA
will submit a rule report to each House of the Congress and to the
Comptroller General of the United States. This action is not a ``major
rule'' as defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by March 17, 2025. 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, Ozone, Reporting and
recordkeeping requirements, Volatile organic compounds.
Dated: December 30, 2024.
Martha Guzman Aceves,
Regional Administrator, Region IX.
For the reasons discussed in the preamble, the Environmental
Protection Agency amends 40 CFR part 52 as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
[[Page 4654]]
Authority: 42 U.S.C. 7401 et seq.
Subpart D--Arizona
Sec. 52.119 [Amended]
0
2. In Sec. 52.119, remove and reserve paragraph (c)(3).
0
3. In Sec. 52.120:
0
a. In paragraph (c), table 4, under the table headings ``Post-July 1998
Rule Codification'' and ``Regulation III--Control of Air
Contaminants'', revise the entry for ``Rule 336''; and
0
b. In paragraph (e), table 1, under the subheading ``Part D Elements
and Plans for the Metropolitan Phoenix and Tucson Areas'', and
immediately after the entry for ``Maricopa Association of Governments
(MAG) 1987 Carbon Monoxide (CO) Plan for the Maricopa County Area, MAG
CO Plan Commitments for Implementation, and Appendix A through E,
Exhibit 4, Exhibit D'', revise the entry for ``Analysis of Reasonably
Available Control Technology for the 2008 8-Hour Ozone National Ambient
Air Quality Standard (NAAQS) State Implementation Plan (RACT SIP)''.
The revisions read as follows:
Sec. 52.120 Identification of plan.
* * * * *
(c) * * *
Table 4 to Paragraph (c)--EPA-Approved Maricopa County Air Pollution Control Regulations
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Additional
County citation Title/subject State effective date EPA approval date explanation
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* * * * * * *
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Post-July 1998 Rule Codification
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* * * * * * *
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Regulation III--Control of Air Contaminants
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* * * * * * *
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Rule 336............ Surface Coating 9/1/2021............. 1/16/2025, [INSERT Submitted
Operations and FIRST PAGE OF electronically on
Industrial Adhesive FEDERAL REGISTER September 17, 2021,
Application CITATION]. as an attachment to
Processes. a letter dated
September 17, 2021.
The September 1,
2021 version of Rule
336 replaces the
November 2, 2016
version that was
conditionally
approved on January
7, 2021.
* * * * * * *
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* * * * *
(e) * * *
Table 1--EPA-Approved Non-Regulatory and Quasi-Regulatory Measures
[Excluding certain resolutions and statutes, which are listed in tables 2 and 3, respectively] \1\
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Applicable
geographic or State submittal
Name of SIP provision nonattainment area date EPA approval date Explanation
or title/subject
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The State of Arizona Air Pollution Control Implementation Plan
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* * * * * * *
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Part D Elements and Plans for the Metropolitan Phoenix and Tucson Areas
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* * * * * * *
Analysis of Reasonably Available Maricopa County June 22, 2017; January 7, 2021, Except for those
Control Technology (RACT) for portion of Supplemented on 86 FR 971; and 1/ portions approved
the 2008 8-Hour Ozone National Phoenix-Mesa September 17, 16/2025, [INSERT on 2/26/2020. The
Ambient Air Quality Standard nonattainment 2021. FIRST PAGE OF RACT requirement
(NAAQS) State Implementation area for 2008 8- FEDERAL REGISTER for major sources
Plan (SIP). hour ozone NAAQS. CITATION]. of NOX was
approved on
February 7, 2023.
* * * * * * *
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\1\ Table 1 is divided into three parts: Clean Air Act Section 110(a)(2) State Implementation Plan Elements
(excluding Part D Elements and Plans), Part D Elements and Plans (other than for the Metropolitan Phoenix or
Tucson Areas), and Part D Elements and Plans for the Metropolitan Phoenix and Tucson Areas.
* * * * *
0
4. In Sec. 52.122, revise paragraph (a)(3)(i) to read as follows:
Sec. 52.122 Negative declarations.
* * * * *
(a) * * *
(3) * * *
(i) The following negative declarations for the 2008 ozone NAAQS
were adopted by the Maricopa County Air Quality Department.
[[Page 4655]]
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Adopted: 05/24/ Adopted: 09/01/
2017 Submitted: 6/ 2021 Submitted:
EPA document No. Title 22/2017 SIP 09/17/2021 SIP
approved: 01/07/ approved: 1/16/
2021 2025
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(A) EPA-450/2-77-008....................... Surface Coating of Coils..... X
(B) EPA-450/2-77-008....................... Surface Coating of Paper..... X
(C) EPA-450/2-77-008....................... Surface Coating of X
Automobiles and Light-Duty
Trucks.
(D) EPA-450/2-77-025....................... Refinery Vacuum Producing X
Systems, Wastewater
Separators, and Process Unit
Turnarounds.
(E) EPA-450/2-77-032....................... Surface Coating of Metal X
Furniture.
(F) EPA-450/2-77-033....................... Surface Coating of Insulation X
of Magnet Wire.
(G) EPA-450/2-77-034....................... Surface Coating of Large X
Appliances.
(H) EPA-450/2-77-037....................... Cutback Asphalt.............. X
(I) EPA-450/2-78-029....................... Manufacture of Synthesized X
Pharmaceutical Products.
(J) EPA-450/2-78-030....................... Manufacture of Pneumatic X
Rubber Tires.
(K) EPA-450/2-78-032....................... Factory Surface Coating of X
Flat Wood Paneling.
(L) EPA-450/2-78-036....................... Leaks from Petroleum Refinery X
Equipment.
(M) EPA-450/3-82-009....................... Large Petroleum Dry Cleaners. X
(N) EPA-450/3-83-006....................... Leaks from Synthetic Organic X
Chemical Polymer and Resin
Manufacturing Equipment.
(O) EPA-450/3-83-007....................... Leaks from Natural Gas/ X
Gasoline Processing Plants.
(P) EPA-450/3-83-008....................... Manufacture of High-Density X
Polyethylene, Polypropylene,
and Polystyrene Resins.
(Q) EPA-450/3-84-015....................... Air Oxidation Processes in X
Synthetic Organic Chemical
Manufacturing Industry.
(R) EPA-450/4-91-031....................... Reactor Processes and X
Distillation Operations in
Synthetic Organic Chemical
Manufacturing Industry.
(S) EPA-453/R-94-032....................... ACT Surface Coating at X
Shipbuilding and Ship Repair
Facilities; Shipbuilding and
Ship Repair Operations
(Surface Coating), see the
Federal Register of 08/27/
1996.
(T) EPA-453/R-06-003....................... Flexible Package Printing.... X
(U) EPA-453/R-06-004....................... Flat Wood Paneling Coatings.. X
(V) EPA 453/R-07-003....................... Paper, Film, and Foil X
Coatings.
(W) EPA 453/R-07-004....................... Large Appliance Coatings..... X
(X) EPA 453/R-07-005....................... Metal Furniture Coatings..... X
(Y) EPA 453/R-08-003....................... Miscellaneous Metal and ................. X
Plastic Parts Coatings;
Table 4--Automotive/
Transportation and Business
Machine Plastic Parts.
(Z) EPA 453/R-08-003....................... Miscellaneous Metal and ................. X
Plastic Parts Coatings;
Table 6--Motor Vehicle
Materials.
(AA) EPA 453/R-08-004...................... Fiberglass Boat Manufacturing X
Materials.
(BB) EPA 453/R-08-006...................... Automobile and Light-Duty X
Truck Assembly Coatings.
(CC) EPA 453/B16-001....................... Oil and Natural Gas Industry. X
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* * * * *
Sec. 52.124 [Amend]
0
5. In Sec. 52.124, remove and reserve paragraph (b).
* * * * *
[FR Doc. 2024-31701 Filed 1-15-25; 8:45 am]
BILLING CODE 6560-50-P
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