[Federal Register Volume 84, Number 92 (Monday, May 13, 2019)]
[Proposed Rules]
[Pages 20838-20843]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-09830]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2019-0159; FRL-9993-51-Region 9]


Partial Approval, Partial Disapproval and Limited Approval, 
Limited Disapproval of Arizona Air Plan Revisions, Pinal County Air 
Quality Control District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
partially approve and partially disapprove revisions to the Pinal 
County Air Quality Control District (PCAQCD) portion of the Arizona 
State Implementation Plan (SIP). These revisions concern the District's 
demonstration regarding reasonably available control technology (RACT) 
requirements and negative declarations for the 2008 8-hour ozone 
National Ambient Air Quality Standards (NAAQS or ``standards'') in the 
portion of the Phoenix-Mesa ozone nonattainment area under the 
jurisdiction of the PCAQCD. The EPA is also proposing a limited 
approval and limited disapproval of two rules PCAQCD submitted with its 
RACT SIP demonstration. We are proposing action on a local SIP revision 
under the Clean Air Act (CAA or ``Act''). We are taking comments on 
this proposal and plan to follow with a final action.

DATES: Any comments must arrive by June 12, 2019.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2019-0159 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 https://www.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Stanley Tong, EPA Region IX, (415) 
947-4122, tong.stanley@epa.gov. EPA Region IX is located at 75 
Hawthorne Street, San Francisco, CA 94105-3901.

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 Proposed Action
    A. How is the EPA evaluating the submitted documents?
    B. Do the documents meet the evaluation criteria?
    C. What are the deficiencies?
    D. EPA Recommendations To Further Improve the RACT SIP and the 
Submitted Rules
    E. 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 adopted by the local air agency and submitted by 
the Arizona Department of Environmental Quality (ADEQ).

                                          Table 1--Submitted Documents
----------------------------------------------------------------------------------------------------------------
            Local agency                         Document                    Adopted              Submitted
----------------------------------------------------------------------------------------------------------------
PCAQCD..............................  Reasonably Available Control              11/30/2016              2/3/2017
                                       Technology (RACT) Analysis,
                                       Negative Declaration and
                                       Rules Adoption.
PCAQCD..............................  Chapter 5, Article 13 Surface             11/30/2016              2/3/2017
                                       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''.

[[Page 20839]]

 
                                      Note: the submittal explicitly
                                       excludes 5-13-390 ``Spray
                                       Paint and Other Surface
                                       Coating Operations'' (as
                                       amended 10/12/95).
PCAQCD..............................  Chapter 5, Article 20 Storage             11/30/2016              2/3/2017
                                       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''.
----------------------------------------------------------------------------------------------------------------

    On August 3, 2017, the submittals for PCAQCD's RACT SIP, negative 
declarations, and two rules were deemed by operation of law to meet 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?

    There are no previous versions of the RACT SIP and negative 
declarations in the PCAQCD portion of the Arizona SIP for the 2008 8-
hour ozone NAAQS. There are no previous versions of Chapter 5, Articles 
13 or 20 in the PCAQCD portion of the Arizona SIP.

C. What is the purpose of the submitted documents?

    Volatile Organic Compounds (VOCs) and oxides of nitrogen 
(NOX) help produce ground-level ozone, smog, and particulate 
matter, 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 RACT SIP (``2016 RACT SIP'') 
and 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 with its 2016 RACT SIP.
    Chapter 5, Article 13 is a new 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 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 new 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.
    The EPA's technical support document (TSD) has more information 
about the District's RACT SIP, negative declarations, rules, and the 
EPA's evaluations thereof.

II. The EPA's Evaluation and Proposed 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 should also 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.
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    \1\ 57 FR 13498, 13512 (April 16, 1992).
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    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. 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

[[Page 20840]]

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?

    PCAQCD's 2016 RACT SIP provides the District's demonstration that 
the applicable SIP for the PCAQCD satisfies CAA section 182 RACT 
requirements for the 2008 8-hour ozone NAAQS. This conclusion is based 
on the District's analysis of SIP-approved requirements that apply to 
the following: (1) Source categories for which a CTG has been issued, 
and (2) major non-CTG stationary sources of VOC or NOX 
emissions.
    With respect to CTG source categories, PCAQCD determined that it 
only had sources subject to the CTGs covering surface coatings and 
gasoline service stations. PCAQCD submitted for SIP approval two rules 
to implement RACT for these categories: Chapter 5, Article 13 Surface 
Coating Operations, and Chapter 5, Article 20 Storage and Loading of 
Gasoline at Gasoline Dispensing Facilities. We find that these rules 
meet the enforceability, stringency, and SIP relaxation/revision 
requirements, with the exception of a number of identified 
deficiencies. Specifically, we find that Article 13 largely 
incorporates the VOC content limits from Table 2 of the 2008 
Miscellaneous Metal and Plastic Parts (MMPP) Coatings CTG. However, 
Article 13 does not contain all of the recommended metal parts coating 
categories from the CTG, it allows some exemptions not found in the 
CTG, and it does not address recommended categories and limits in 
Tables 3 through 6 of the MMPP CTG. We also find that Article 20 needs 
to be strengthened to correct an enforceability issue. These 
approvability issues preclude full approval of these two rules. In 
spite of these deficiencies, inclusion of these two rules would 
substantially strengthen the SIP because the SIP does not currently 
contain rules covering these sources. Our TSD has more information 
about our evaluation of Articles 13 and 20.
    Where there are no existing sources covered by a particular CTG 
document, or no major non-CTG sources, states may, in lieu of adopting 
RACT requirements for those sources, adopt negative declarations 
certifying that there are no such sources in the relevant nonattainment 
area. Appendix C of the 2016 RACT SIP lists the District's negative 
declarations where it has no sources subject to the applicable CTG for 
the 2008 8-hour ozone NAAQS. These negative declarations are re-listed 
in Table 2 below. The District concludes that it has no sources subject 
to the CTGs based on a review of its permit files and emission 
inventory as well as business listings and county planning records.
    In addition, the 2016 RACT SIP states ``[t]here is one Title V 
(i.e., major source) in the Pinal County portion of the nonattainment 
area which is a landfill . . . [and the] facility is currently subject 
to the 40 CFR part 60, subpart WWW Standards of Performance (NSPS) for 
Municipal Solid Waste Landfills and the 40 CFR part 63, subpart AAAA 
National Emission Standards for Hazardous Air Pollutants (NESHAP) for 
Municipal Waste Landfills.'' Appendix A of the 2016 RACT SIP indicates 
this landfill has a potential to emit of 15.1 tpy of VOC. As described 
in more detail in our TSD, this landfill has a potential to emit less 
than 100 tpy of VOC and thus is not a major source. The District is 
therefore not required to demonstrate that this source is implementing 
RACT-level controls.
    We reviewed PCAQCD's list of permitted facilities and list of 
negative declarations in the 2016 RACT SIP Appendices A and C, 
respectively. We also searched the EPA's National Emissions Inventory 
for 2011 and 2014 to verify the District's conclusion that it has no 
stationary sources subject to the CTG source categories for which it 
has adopted a negative declaration. We agree with the District's 
negative declarations in the 2016 RACT SIP Appendix C. However, our 
review found that the cutback asphalt CTG and certain sections of the 
MMPP CTG were not addressed by either a negative declaration or a RACT 
rule. Also, the District must adopt negative declarations for major VOC 
and major NOX sources since available data shows the 
District does not have stationary sources in the ozone nonattainment 
area that emit at least 100 tpy. These approvability issues preclude 
full approval of the 2016 RACT SIP. Our TSD has more information on our 
evaluation of the 2016 RACT SIP.

[[Page 20841]]



                  Table 2--PCAQCD Negative Declarations
------------------------------------------------------------------------
               EPA document No.                          Title
------------------------------------------------------------------------
EPA-450/2-77-008.............................  Surface Coating of Cans.
EPA-450/2-77-008.............................  Surface Coating of Coils.
EPA-450/2-77-008.............................  Surface Coating of Paper.
EPA-450/2-77-008.............................  Surface Coating of
                                                Fabric.
EPA-450/2-77-008.............................  Surface Coating of
                                                Automobiles and Light-
                                                Duty Trucks.
EPA-450/2-77-022.............................  Solvent Metal Cleaning.
EPA-450/2-77-025.............................  Refinery Vacuum Producing
                                                Systems, Wastewater
                                                Separators, and Process
                                                Unit Turnarounds.
EPA-450/2-77-026.............................  Tank Truck Gasoline
                                                Loading Terminals.
EPA-450/2-77-032.............................  Surface Coating of Metal
                                                Furniture.
EPA-450/2-77-033.............................  Surface Coating of
                                                Insulation of Magnet
                                                Wire.
EPA-450/2-77-034.............................  Surface Coating of Large
                                                Appliances.
EPA-450/2-77-035.............................  Bulk Gasoline Plants.
EPA-450/2-77-036.............................  Storage of Petroleum
                                                Liquids in Fixed-Roof
                                                Tanks.
EPA-450/2-78-029.............................  Manufacture of
                                                Synthesized
                                                Pharmaceutical Products.
EPA-450/2-78-030.............................  Manufacture of Pneumatic
                                                Rubber Tires.
EPA-450/2-78-032.............................  Factory Surface Coating
                                                of Flat Wood Paneling.
EPA-450/2-78-033.............................  Graphic Arts-Rotogravure
                                                and Flexography.
EPA-450/2-78-036.............................  Leaks from Petroleum
                                                Refinery Equipment.
EPA-450/2-78-047.............................  Petroleum Liquid Storage
                                                in External Floating
                                                Roof Tanks.
EPA-450/2-78-051.............................  Leaks from Gasoline Tank
                                                Trucks and Vapor
                                                Collection Systems.
EPA-450/3-82-009.............................  Large Petroleum Dry
                                                Cleaners.
EPA-450/3-83-006.............................  Leaks from Synthetic
                                                Organic Chemical Polymer
                                                and Resin Manufacturing
                                                Equipment.
EPA-450/3-83-007.............................  Leaks from Natural Gas/
                                                Gasoline Processing
                                                Plants.
EPA-450/3-83-008.............................  Manufacture of High-
                                                Density Polyethylene,
                                                Polypropylene, and
                                                Polystyrene Resins.
EPA-450/3-84-015.............................  Air Oxidation Processes
                                                in Synthetic Organic
                                                Chemical Manufacturing
                                                Industry.
EPA-450/4-91-031.............................  Reactor Processes and
                                                Distillation Operations
                                                in Synthetic Organic
                                                Chemical Manufacturing
                                                Industry.
EPA-453/R-96-007.............................  Wood Furniture
                                                Manufacturing
                                                Operations.
EPA-453/R-94-032, 61 FR 44050; 8/27/96.......  ACT Surface Coating at
                                                Shipbuilding and Ship
                                                Repair Facilities
                                                Shipbuilding and Ship
                                                Repair Operations
                                                (Surface Coating).
EPA-453/R-97-004, 59 FR 29216; 6/06/94.......  Aerospace MACT and
                                                Aerospace (CTG & MACT).
EPA-453/R-06-001.............................  Industrial Cleaning
                                                Solvents.
EPA-453/R-06-002.............................  Offset Lithographic
                                                Printing and Letterpress
                                                Printing.
EPA-453/R-06-003.............................  Flexible Package
                                                Printing.
EPA-453/R-06-004.............................  Flat Wood Paneling
                                                Coatings.
EPA 453/R-07-003.............................  Paper, Film, and Foil
                                                Coatings.
EPA 453/R-07-004.............................  Large Appliance Coatings.
EPA 453/R-07-005.............................  Metal Furniture Coatings.
EPA 453/R-08-004.............................  Fiberglass Boat
                                                Manufacturing Materials.
EPA 453/R-08-005.............................  Miscellaneous Industrial
                                                Adhesives.
EPA 453/R-08-006.............................  Automobile and Light-Duty
                                                Truck Assembly Coatings.
------------------------------------------------------------------------

C. What are the deficiencies?

    On March 11, 2019,\2\ the EPA provided comments to PCAQCD on the 
approvability issues in the 2016 RACT SIP and the submitted rules. The 
following provisions do not satisfy the requirements of section 110 and 
part D of title I of the Act and prevent full approval of the 2016 RACT 
SIP and submitted rules.
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    \2\ Letter dated March 11, 2019, from Doris Lo, Manager, Rules 
Office, EPA, Region IX, to Michael Sundblom, Director, Pinal County 
Air Quality Control District, Subject: ``RE: EPA Comments on the 
Pinal County Air Quality Control District Reasonably Available 
Control Technology (RACT) Analysis, Negative Declaration and Rules 
Adoption.''
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1. 2016 RACT SIP
    a. Missing negative declarations for major VOC sources and major 
NOX sources.
    b. Missing negative declaration (or rule) for cutback asphalt.
2. Chapter 5, Article 13--Surface Coating Operations
    a. Rule exempts categories that are recommended for regulation by 
the CTG.
    b. One VOC content limit is less stringent than the CTG, and some 
CTG coating categories and Tables 3 through 6 of the MMPP CTG are not 
addressed.\3\
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    \3\ The deficiency regarding the lack of coverage for Tables 3 
through 6 can be addressed by either modifying Chapter 5, Article 13 
to cover these categories of sources, or through a negative 
declaration for these tables.
---------------------------------------------------------------------------

    c. The emission control system requirements are potentially 
confusing and should be clarified.
3. Chapter 5, Article 20--Storage and Loading of Gasoline at Gasoline 
Dispensing Facilities
    a. An exemption to verify that a gasoline cargo tank has a valid 
vapor tightness certification decal prior to loading gasoline is overly 
broad and challenging to verify or enforce.
    b. One section must be reworded to state a prohibition.
    Our TSD has additional information on the deficiencies in the RACT 
SIP and submitted rules.

D. EPA Recommendations To Further Improve the RACT SIP and the 
Submitted Rules

    Our March 11, 2019 comment letter and TSD include recommendations 
for the next time the local agency modifies the rules. These 
recommendations would strengthen and improve enforceability of the 
rules. Our comment letter also includes a recommendation to adopt a 
negative declaration for the 2016 CTG for the Oil and Natural Gas 
Industry. Our comment letter and TSD are included in the docket 
materials.

[[Page 20842]]

E. Public Comment and Proposed Action

    For the reasons discussed above and explained more fully in our 
TSD, the EPA proposes to partially approve and partially disapprove the 
ADEQ's February 3, 2017 submittal of the PCAQCD 2016 RACT SIP as a 
revision to the Arizona SIP. Under CAA section 110(k)(3), we propose to 
approve the 2016 RACT SIP, with the exception of major VOC sources, 
major NOX sources, and the following CTG source categories: 
Cutback asphalt, MMPP coatings, Gasoline Service Stations, and Surface 
Coating of Miscellaneous Metal Parts and Products, as satisfying the 
RACT requirements of CAA section 182(b)(2) and (f) for the Pinal County 
portion of the Phoenix-Mesa ozone nonattainment areas.
    Also under CAA section 110(k)(3), we propose to disapprove the 2016 
RACT SIP as it pertains to major VOC sources, major NOX 
sources, cutback asphalt, and the MMPP coatings CTG (Tables 3 through 
6) based on the EPA's finding that these categories were not adequately 
addressed in the 2016 RACT SIP.
    Because the inclusion of Chapter 5, Articles 13 and 20 would 
strengthen the SIP, we are proposing a limited approval of Chapter 5, 
Article 13 (excluding 5-13-390) \4\ and Article 20, as authorized by 
sections 110(k)(3) and 301(a) of the Act. If finalized, this action 
would incorporate the submitted rules into the SIP, including those 
provisions identified as deficient. This approval is limited because 
the EPA is simultaneously proposing a limited disapproval of Chapter 5, 
Articles 13 and 20, under section 110(k)(3) based on the stringency and 
enforceability issues the EPA identified in these rules.
---------------------------------------------------------------------------

    \4\ PCAQCD's SIP submittal explicitly excludes section 5-13-390.
---------------------------------------------------------------------------

    Because Chapter 5, Article 13 is the rule the District submitted in 
fulfillment of its RACT SIP obligation for the 1978 CTG for Surface 
Coating of Miscellaneous Metal Parts and Products, and the 2008 CTG for 
MMPP Coatings (except for Tables 3 through 6), the proposed limited 
approval and limited disapproval of Chapter 5, Article 13 would not 
fully satisfy the District's RACT SIP obligation for these two CTG 
source categories. Once the EPA approves a SIP revision to correct the 
deficiencies in Chapter 5, Article 13, the District's RACT SIP 
obligation will be met for the Surface Coating of Miscellaneous Metal 
Parts and Products CTG, and the MMPP Coatings CTG (except for Tables 3 
through 6).\5\ Similarly, because Chapter 5, Article 20 was submitted 
in fulfillment of the District's RACT SIP obligation for the 1975 
Gasoline Service Stations CTG, the proposed limited approval and 
limited disapproval of this rule would not fully satisfy the District's 
RACT SIP obligation for this CTG source category. Once the EPA approves 
a SIP revision to correct the deficiencies in Chapter 5, Article 20, 
the District's RACT SIP obligation will be met for the Gasoline Service 
Stations CTG source category.
---------------------------------------------------------------------------

    \5\ We will evaluate how the District addresses the MMPP CTG 
Tables 3 through 6 in its future submittal. As noted above, the 
District may either modify Chapter 5, Article 13 to cover these 
sources, or adopt a negative declaration.
---------------------------------------------------------------------------

    The EPA is committed to working with the ADEQ and PCAQCD to resolve 
the identified RACT deficiencies. However, should we finalize the 
proposed partial disapproval of the above-enumerated elements of the 
2016 RACT SIP and the limited disapproval of Chapter 5, Articles 13 and 
20, the action would trigger a 2-year clock for the federal 
implementation plan (FIP) requirement under section 110(c). In 
addition, final disapproval would trigger sanctions under CAA section 
179 and 40 CFR 52.31 unless the EPA approves subsequent SIP revisions 
that correct the deficiencies in the 2016 RACT SIP and two submitted 
rules within 18 months of the effective date of the final action.
    We will accept comments from the public on the proposed partial 
approval and partial disapproval for the 2016 RACT SIP and the proposed 
limited approval and limited disapproval for Chapter 5, Articles 13 and 
20 until June 12, 2019. If finalized, this action would incorporate the 
2016 RACT SIP, negative declarations, and submitted rules into the SIP, 
including those provisions identified as deficient. Our proposed 
approval of the submitted rules is limited because the EPA is 
simultaneously proposing a limited disapproval of the rules under 
section 110(k)(3).
    Note that the submitted rules have been adopted by the PCAQCD, and 
the EPA's final limited disapproval would not prevent the local agency 
from enforcing them. The limited disapproval also would not prevent any 
portion of the rules from being incorporated by reference into the 
federally enforceable SIP as discussed in a Memorandum dated July 9, 
1992, from John Calcagni, Director, Air Quality Management Division, 
U.S. EPA to EPA Regional Air Directors, Regions I-X, Subject: 
``Processing of State Implementation Plan (SIP) Submittals,'' found at: 
https://www.epa.gov/sites/production/files/2015-07/documents/procsip.pdf.

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 PCAQCD rules described in Table 1 of this preamble. The 
EPA has made, and will continue to make, these materials available 
through www.regulations.gov and at the EPA Region IX Office (please 
contact the person identified in the FOR FURTHER INFORMATION CONTACT 
section of this preamble for more information).

IV. Statutory and Executive Order Reviews

    Additional information about these statutes and Executive Orders 
can be found at https://www.epa.gov/laws-regulations/laws-and-executive-orders.

A. Executive Order 12866: Regulatory Planning and Review and Executive 
Order 13563: Improving Regulation and Regulatory Review

    This proposed action is not a significant regulatory action and was 
therefore not submitted to the Office of Management and Budget (OMB) 
for review.

B. Executive Order 13771: Reducing Regulations and Controlling 
Regulatory Costs

    This proposed action is not an Executive Order 13771 regulatory 
action because SIP approvals, including limited approvals, are exempted 
under Executive Order 12866.

C. Paperwork Reduction Act (PRA)

    This proposed action does not impose an information collection 
burden under the PRA because this action does not impose additional 
requirements beyond those imposed by state law.

D. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant economic 
impact on a substantial number of small entities under the RFA. This 
action will not impose any requirements on small entities beyond those 
imposed by state law.

E. Unfunded Mandates Reform Act (UMRA)

    This proposed action does not contain any unfunded mandate as 
described in UMRA, 2 U.S.C. 1531-1538, and does not significantly or 
uniquely affect small governments. This proposed action does

[[Page 20843]]

not impose additional requirements beyond those imposed by state law. 
Accordingly, no additional costs to state, local, or tribal 
governments, or to the private sector, will result from this proposed 
action.

F. Executive Order 13132: Federalism

    This proposed action does not have federalism implications. It will 
not have substantial direct effects on the states, on the relationship 
between the national government and the states, or on the distribution 
of power and responsibilities among the various levels of government.

G. Executive Order 13175: Coordination With Indian Tribal Governments

    This proposed action does not have tribal implications, as 
specified in Executive Order 13175, because 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, and 
will not impose substantial direct costs on tribal governments or 
preempt tribal law. Thus, Executive Order 13175 does not apply to this 
proposed action.

H. Executive Order 13045: Protection of Children From Environmental 
Health Risks and Safety Risks

    The EPA interprets Executive Order 13045 as applying only to those 
regulatory actions that concern environmental health or safety risks 
that the EPA has reason to believe may disproportionately affect 
children, per the definition of ``covered regulatory action'' in 
section 2-202 of the Executive Order. This proposed action is not 
subject to Executive Order 13045 because it does not impose additional 
requirements beyond those imposed by state law.

I. Executive Order 13211: Actions That Significantly Affect Energy 
Supply, Distribution, or Use

    This proposed action is not subject to Executive Order 13211, 
because it is not a significant regulatory action under Executive Order 
12866.

J. National Technology Transfer and Advancement Act (NTTAA)

    Section 12(d) of the NTTAA directs the EPA to use voluntary 
consensus standards in its regulatory activities unless to do so would 
be inconsistent with applicable law or otherwise impractical. The EPA 
believes that this proposed action is not subject to the requirements 
of section 12(d) of the NTTAA because application of those requirements 
would be inconsistent with the CAA.

K. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Population

    The EPA lacks the discretionary authority to address environmental 
justice in this rulemaking.

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: April 30, 2019.
Michael Stoker,
Regional Administrator, Region IX.
[FR Doc. 2019-09830 Filed 5-10-19; 8:45 am]
BILLING CODE 6560-50-P


