[Federal Register Volume 85, Number 182 (Friday, September 18, 2020)]
[Proposed Rules]
[Pages 58310-58315]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-19343]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2020-0358; FRL-10014-09-Region 9]


Air Plan Partial Approval and Partial Disapproval; Arizona; 
Maricopa County Air Quality Management Department; Reasonably Available 
Control Technology State Implementation Plan

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 a revision to the Maricopa 
County Air Quality Department (MCAQD or County) portion of the Arizona 
State Implementation Plan (SIP) concerning the MCAQD'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 
MCAQD. We are proposing action on a SIP revision under the Clean Air 
Act (CAA or the Act). We are taking comments on this proposal and plan 
to follow with a final action.

DATES: Comments must be received on or before October 19, 2020.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2020-0358 at http://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 http://www.epa.gov/dockets/commenting-epa-dockets. If you need assistance in a 
language other than English or if you are a person with disabilities 
who needs a reasonable accommodation at no cost to you, please contact 
the person identified in the FOR FURTHER INFORMATION CONTACT section.

FOR FURTHER INFORMATION CONTACT: Nicole Law, EPA Region IX, 75 
Hawthorne St., San Francisco, CA 94105. By phone: (415) 947-4126 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. 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 RACT SIP submission?
    D. What portion of the RACT SIP submittal is addressed in this 
notice?
II. EPA's Evaluation and Action
    A. How is the EPA evaluating the RACT SIP submission?
    B. Does the RACT SIP submission meet the evaluation criteria?
    C. What are the RACT deficiencies?
    D. EPA Recommendations To Further Improve the RACT SIP
    E. Proposed Action and Public Comment
III. 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 
date that they were adopted by MCAQD and submitted by the Arizona 
Department of Environmental Quality (ADEQ, or ``the State'').

                      Table 1--Submitted Documents
------------------------------------------------------------------------
   Local agency           Document            Adopted        Submitted
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MCAQD.............  Analysis of               05/24/2017      06/22/2017
                     Reasonably
                     Available Control
                     Technology for The
                     2008 8-Hour Ozone
                     National Ambient
                     Air Quality
                     Standard (NAAQS)
                     State
                     Implementation Plan
                     (RACT SIP).
MCAQD.............  Appendix 1A:              05/24/2017      06/22/2017
                     Negative
                     Declarations.
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[[Page 58311]]

    On December 22, 2017, the submittal for the MCAQD RACT SIP and 
Negative Declarations 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 MCAQD portion of the Arizona SIP for the 2008 ozone 
NAAQS. The ADEQ previously submitted the RACT SIP and negative 
declarations in a SIP revision on December 19, 2016. However, this 
submittal did not include documentation that showed that the entirety 
of the County's SIP revision had met the public notice requirements 
required for completeness under 40 CFR part 51 Appendix V. The County's 
June 22, 2017 submittal was provided in response to this feedback, and 
the State withdrew the December 19, 2016 submittal on May 17, 2019.

C. What is the purpose of the RACT SIP submission?

    Emissions of volatile organic compounds (VOCs) and oxides of 
nitrogen (NOX) contribute to the production of 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 MCAQD is subject to this 
requirement as it regulates the Maricopa 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 MCAQD 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 discusses RACT requirements.\1\ 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.\2\ 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.\3\ The submitted 
RACT SIP (``2016 RACT SIP'') and negative declarations provide MCAQD's 
analyses of its compliance with the CAA section 182 RACT requirements 
for the 2008 8-hour ozone NAAQS.
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    \1\ 80 FR 12264, March 6, 2015.
    \2\ Id. at 12278.
    \3\ Id. and 70 FR 71612, 71652 (November 29, 2005).
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    The EPA's technical support document (TSD) has more information 
about MCAQD's RACT SIP, negative declarations, and the EPA's 
evaluations thereof.

D. What portion of the RACT SIP submittal is addressed in this notice?

    Due to its size and complexity, the EPA is acting on the MCAQD 2016 
RACT SIP submittal in five separate actions. The other four actions are 
as follows:
    (1) On August 27, 2019 (84 FR 44701), the EPA approved Rule 342 
into the SIP, finding that the rule met current RACT. This rulemaking 
also approved Rule 337, which had been submitted earlier and was not 
part of the 2016 RACT SIP submittal. Although we approved Rules 337 and 
342, and found that they established RACT level controls, we did not in 
that action approve the 2016 RACT SIP for the associated CTG source 
categories. We now propose to do so in today's action.
    (2) On January 28, 2020 (85 FR 4928), the EPA proposed conditional 
approval of Rule 336 into the SIP, as well as conditional approval of 
the associated CTG source categories for the County's 2016 RACT SIP: 
``Control of Volatile Organic Emissions from Existing Stationary 
Sources--Volume II: Surface Coating of Cans, Coils, Paper, Fabrics, 
Automobiles, and Light-Duty Trucks'' (EPA-450/2-77-008), ``Control of 
Volatile Organic Emissions from Existing Stationary Sources--Volume 
III: Surface Coating of Metal Furniture'' (EPA-450/2-77-032), ``Control 
of Volatile Organic Emissions from Existing Stationary Sources--Volume 
V: Surface Coating of Large Appliances'' (EPA-450/2-77-034), ``Control 
of Volatile Organic Emissions from Existing Stationary Sources--Volume 
VI: Surface Coating of Miscellaneous Metal Parts and Products'' (EPA-
450/2-78-15), ``Control Techniques Guidelines for Metal Furniture 
Coatings'' (EPA-453/R-07-005), ``Control Techniques Guidelines for 
Large Appliance Coatings'' (EPA-453/R07-004), ``Control Techniques 
Guidelines for Miscellaneous Metal and Plastic Parts Coatings'' (EPA-
453/R-08-003), and ``Control Techniques Guidelines For Paper, Film, and 
Foil Coatings'' (EPA-453/R-07-003). MCAQD has committed to correct the 
EPA's identified deficiencies, and ADEQ has committed to submit the 
updated rule within one year of the EPA's final conditional approval. 
If MCAQD corrects the identified deficiencies and the EPA approves the 
updated rule, the County will have met its RACT obligation for this 
rule, and the associated CTGs. We do not propose to act on rule 336 in 
this action. However, as explained in greater detail in our TSD, in 
this action, we are proposing to approve negative declarations for some 
of the source categories covered by Rule 336. If approval of these 
negative declarations is finalized as proposed, MCAQD will have met its 
RACT obligation for these source categories.
    (3) On February 26, 2020 (85 FR 10986), the EPA conditionally 
approved Rules 350, 351, 352, and 353 into the SIP, and also 
conditionally approved the associated CTG source categories for the 
MCAQD 2016 RACT SIP: ``Control of Volatile Organic Emissions from 
Storage of Petroleum Liquids in Fixed-Roof Tanks'' (EPA-450/2-77-036), 
``Control of Volatile Organic Emissions from Petroleum Liquid Storage 
in External Floating Roof Tanks'' (EPA-450/2-78-047), ``Control of 
Hydrocarbons from Tank Truck Gasoline Loading Terminals'' (EPA-450/2-
77-026), ``Control of Volatile Organic Emissions from Bulk Gasoline 
Plants'' (EPA-450/2-77-035), ``Control of Volatile Organic Compound 
Leaks from Gasoline Tank Trucks and Vapor Collection Systems'' (EPA-
450/2-78-051), and ``Design Criteria for Stage I Vapor Control 
Systems--Gasoline Service Stations'' (EPA-450/R-75-102). MCAQD has 
committed to correct the EPA's identified deficiencies, and ADEQ has 
committed to submit the updated rules within one year of the EPA's 
final conditional approval. If MCAQD corrects the identified 
deficiencies and the EPA approves the updated rules, MCAQD will have 
met its RACT obligation for these rules, and the associated CTGs. We do 
not propose to act on rules 350, 351, 352, and 353, or the associated 
CTG categories in the MCAQD's 2016 RACT SIP in this action.
    (4) On July 20, 2020 (85 FR 43692), the EPA conditionally approved 
Rules 323 and 324 into the SIP and

[[Page 58312]]

disapproved Rule 322. The EPA did not propose to act on the major 
NOX portion of the MCAQD 2016 RACT SIP in the July 20, 2020 
action. MCAQD has committed to correct the EPA's identified 
deficiencies in rules 323 and 324, and ADEQ has committed to submit the 
updated rules within one year of the EPA's final conditional approval. 
If MCAQD corrects the identified deficiencies and the EPA approves the 
updated rules, MCAQD will have met its RACT obligation for the sources 
covered by Rules 323 and 324. However, because Rule 322 was 
disapproved, MCAQD has not established RACT level controls for the 
major sources covered by Rule 322. Therefore, in today's action, the 
EPA is proposing to disapprove the MCAQD's RACT obligation for major 
sources of NOX.
    Today's proposed action addresses the remainder of the 2016 RACT 
SIP submission. Additional details about the submission and the EPA's 
different actions are available in the TSD.

II. EPA's Evaluation and Action

A. How is the EPA evaluating the RACT SIP submission?

    SIP rules must require RACT for each category of sources covered by 
a CTG document and for each major source of VOCs or NOX in 
ozone nonattainment areas classified as Moderate or above (CAA section 
182(b)(2)). The MCAQD regulates a Moderate ozone nonattainment area (40 
CFR 81.305) so MCAQD's rules must implement RACT.
    States should also submit for SIP approval negative declarations 
for those source categories for which they have not adopted RACT-level 
regulations (because they have no sources above the CTG-recommended 
applicability threshold) regardless of whether such negative 
declarations were made for an earlier SIP.\4\ 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 MCAQD.
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    \4\ 57 FR 13498, 13512 (April 16, 1992).
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    The County'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 County 
must either demonstrate that a RACT-level rule is in place or submit a 
negative declaration. Guidance and policy documents that we use to 
evaluate CAA section 182 RACT requirements include the following:
    1. ``State Implementation Plans; General Preamble for the 
Implementation of Title I of the Clean Air Act Amendments of 1990,'' 57 
FR 13498 (April 16, 1992); 57 FR 18070 (April 28, 1992).
    2. EPA Office of Air Quality Planning and Standards, ``Issues 
Relating to VOC Regulation Cutpoints, Deficiencies, and Deviations,'' 
May 25, 1988 (``the Bluebook,'' revised January 11, 1990).
    3. EPA Region IX, ``Guidance Document for Correcting Common VOC & 
Other Rule Deficiencies,'' August 21, 2001 (``the Little Bluebook'').
    4. ``State Implementation Plans; Nitrogen Oxides Supplement to the 
General Preamble; Clean Air Act Amendments of 1990 Implementation of 
Title I; Proposed Rule,'' (the NOX Supplement), 57 FR 55620, 
(November 25, 1992).
    5. Memorandum dated May 18, 2006, from William T. Harnett, 
Director, Air Quality Policy Division, to Regional Air Division 
Directors, Subject: ``RACT Qs & As--Reasonably Available Control 
Technology (RACT): Questions and Answers.''
    6. ``Final Rule to Implement the 8-hour Ozone National Ambient Air 
Quality Standard--Phase 2,'' 70 FR 71612 (November 29, 2005).
    7. ``Implementation of the 2008 National Ambient Air Quality 
Standards for Ozone: State Implementation Plan Requirements,'' 80 FR 
12264 (March 6, 2015).

B. Does the RACT SIP submission meet the evaluation criteria?

    MCAQD's 2016 RACT SIP provides the County's demonstration that the 
applicable SIP for the MCAQD satisfies CAA section 182 RACT 
requirements for the 2008 8-hour ozone NAAQS. This conclusion is based 
on MCAQD'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, MCAQD evaluated rules as 
establishing RACT-level controls for the CTGs covering solvent metal 
cleaning, industrial cleaning solvents, miscellaneous metal and plastic 
parts coating, can coating, fabric coating, film and foil coating, 
rotogravure and flexography, lithographic printing and letter press 
printing, wood furniture manufacturing operations, storage of petroleum 
liquids, tank truck gasoline loading terminals, bulk gasoline plants, 
gasoline tank trucks and vapor collection systems, and gasoline service 
stations. Some of these categories have existing SIP-approved rules 
that implement RACT: Rule 331 Solvent Cleaning and Rule 337 Graphic 
Arts. MCAQD also submitted for SIP approval several rules to implement 
RACT for some of these categories: Rule 336 Surface Coating Operations, 
Rule 342 Coating Wood Furniture and Fixtures, Rule 350 Storage and 
Transfer of Organic (Non-Gasoline) at an Organic Liquid Distribution 
Facility, Rule 351 Storage and Loading of Gasoline at Bulk Gasoline 
Plants and Bulk Gasoline Terminals, Rule 352 Gasoline Cargo Tank 
Testing and Use, and Rule 353 Storage and Loading of Gasoline at 
Gasoline Dispensing Facilities. As discussed in section I.D of this 
notice, we have evaluated these rule submittals, and finalized or 
proposed action in separate rulemaking actions. Those actions and their 
TSDs have more information about our evaluation of Rules 336, 337, 342, 
350, 351, 352, and 352.
    In this rulemaking, we propose to find that Rules 331, 337, and 342 
establish RACT-level controls for the sources within the following CTG 
source categories: ``Control of Volatile Organic Emissions from Solvent 
Metal Cleaning'' (EPA-450/2-77-022), ``Control Techniques Guidelines: 
Industrial Cleaning Solvents'' (EPA-453/R-06-001), ``Control of 
Volatile Organic Emissions from Existing Stationary Sources--Volume 
VIII: Graphic Arts--Rotogravure and Flexography'' (EPA-430/2-78-033) 
and ``Offset Lithographic Printing and Letterpress Printing'' (EPA-453/
R06-002), and ``Control of Volatile Organic Compound Emissions from 
Wood Furniture Manufacturing Operations'' (EPA-453/R-96-007). Our TSD 
has additional information about our evaluation of these rules.
    Where there are no existing sources covered by a particular CTG 
document, or no major non-CTG sources of NOX or VOC, 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 A of the 2016 RACT SIP Analysis 
and Appendix 1A of the submittal lists MCAQD's negative declarations 
where there are no sources subject to the applicable CTG for the 2008 
8-hour ozone NAAQS. These negative declarations are re-listed in Table 
2 below. MCAQD concludes that it has no sources subject to the CTGs 
based on a review of its permit files and emission inventory as well as 
use of standard industrial classification (SIC) codes and standard 
classification codes (SCC) to identify applicable businesses.

[[Page 58313]]

    In addition, MCAQD determined it had sources exceeding the 100 tpy 
major source threshold for both VOC and NOX. As described in 
more detail in our TSD, we conclude that MCAQD properly identified all 
major non-CTG sources requiring RACT. We also conclude that MCAQD has 
established that RACT-level controls apply to all non-CTG major sources 
of VOCs.
    We reviewed MCAQD's list of major source facilities and list of 
negative declarations in the 2016 RACT SIP and associated appendices. 
We also searched the EPA's National Emissions Inventory for 2011 and 
2014 and Maricopa's list of title V permit sources to verify MCAQD's 
conclusion that it has identified all major sources of VOC and 
NOX and that MCAQD has identified that there are no 
stationary sources subject to the CTG source categories for which it 
has adopted a negative declaration. We generally agree with MCAQD's 
negative declarations in the 2016 RACT SIP Appendix A. However, our 
review found that there are sources in categories where the MCAQD 
incorrectly made a negative declaration. Those categories are aerospace 
coating and industrial adhesives. These approvability issues preclude 
full approval of the 2016 RACT SIP. Our TSD has more information on our 
evaluation of the 2016 RACT SIP.

                                      Table 2--MCAQD Negative Declarations
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                    EPA document No.                                              Title
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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 Automobiles and Light-Duty Trucks.
EPA-450/2-77-025.......................................  Refinery Vacuum Producing Systems, Wastewater
                                                          Separators, and Process Unit Turnarounds.
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-450/2-77-037.......................................  Cutback Asphalt.
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-450/2-78-036.......................................  Leaks from Petroleum Refinery Equipment.
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-94-032.......................................  ACT Surface Coating at Shipbuilding and Ship Repair
                                                          Facilities.
61 FR 44050; 8/27/96...................................  Shipbuilding and Ship Repair Operations (Surface
                                                          Coating).
EPA-453/R-97-004 *.....................................  Aerospace MACT and
59 FR 29216; 6/06/94 *.................................  Aerospace (CTG & MACT).
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.
EPA 453/B16-001........................................  Oil and Natural Gas Industry.
----------------------------------------------------------------------------------------------------------------
* The EPA is proposing to disapprove the negative declaration for these categories.

C. What are the RACT deficiencies?

    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 
submitted 2016 RACT SIP.
    1. Negative Declarations were incorrectly made for Aerospace 
Coating and Industrial Adhesives because there are applicable sources 
in MCAQD.
    2. The requirement for RACT for major sources of NOX has 
not been demonstrated because the EPA has disapproved a NOX 
rule, Rule 322 Power Plant Operations. Therefore, there is no SIP-
approved rule establishing RACT-level controls for major sources 
regulated by Rule 322.\5\
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    \5\ 85 FR 43692 (July 20, 2020). The EPA has also conditionally 
approved Rule 323 Fuel Burning Equipment from Industrial/Commercial/
Institutional (ICI) Sources, and Rule 324 Stationary Internal 
Combustion (IC) Engines. Id. However, because the EPA has 
disapproved Rule 322, the EPA may not conditionally approve the 
major source NOX category, and must, instead, propose 
disapproval.
---------------------------------------------------------------------------

    Our TSD has additional information on the deficiencies in the RACT 
SIP.

D. EPA Recommendations to Further Improve the RACT SIP

    On May 24, 2018, July 3, 2018, July 6, 2018, July 18, 2018, October 
24, 2018, July 1, 2019, and August 30, 2019, the EPA provided comments 
to MCAQD on the approvability issues for the various submitted rules. 
In addition to the approvability issues, these comment letters included 
rule revisions that we recommend for the next time the local agency 
modifies the rules.\6\
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    \6\ These comments can be found in the docket for this action.
---------------------------------------------------------------------------

E. Proposed Action and Public Comment

    For reasons discussed above and explained more fully in our TSD, 
the EPA proposes to partially approve and partially disapprove the 
ADEQ's June 22, 2017 submittal of the MCAQD 2016 RACT SIP and negative 
declarations as a revision to the Arizona SIP.
    As authorized in section 110(k)(3) of the Act, we are proposing to 
approve the 2016 RACT SIP for the following source

[[Page 58314]]

categories: ``Control of Volatile Organic Emissions from Solvent Metal 
Cleaning'' (EPA-450/2-77-022), ``Control Techniques Guidelines: 
Industrial Cleaning Solvents'' (EPA-453/R-06-001), ``Control of 
Volatile Organic Emissions from Existing Stationary Sources- Volume 
VIII: Graphic Arts- Rotogravure and Flexography'' (EPA-430/2-78-033) 
and ``Offset Lithographic Printing and Letterpress Printing'' (EPA-453/
R06-002), ``Control of Volatile Organic Compound Emissions from Wood 
Furniture Manufacturing Operations'' (EPA-453/R-96-007), and major non-
CTG sources of VOCs.
    In addition, we are proposing to approve negative declarations for 
the CTG source categories listed in Table 2, with the exception of the 
categories marked with an asterisk. These negative declarations, if 
finalized, will satisfy MCAQD's RACT obligation for these source 
categories.
    Also under CAA section 110(k)(3), we propose to disapprove the 2016 
RACT SIP as it pertains to major NOX sources and the 
following CTG sources: ``National Emission Standards for Hazardous Air 
Pollutants for Source Categories: Aerospace Manufacturing and Rework'' 
(59 FR 29216), ``Control of Volatile Organic Compound Emissions from 
Coating Operations at Aerospace Manufacturing and Rework Operations'' 
(EPA-453/R-97-004), ``Control Techniques Guidelines for Miscellaneous 
Industrial Adhesives'' (EPA-453/R-08-005) based on the EPA's finding 
that these categories were not adequately addressed in the 2016 RACT 
SIP.
    The EPA is committed to working with the ADEQ and MCAQD to resolve 
the identified RACT deficiencies. However, should we finalize the 
proposed partial disapproval of the above-enumerated elements of the 
2016 RACT SIP, section 110(c) would require the EPA to promulgate a 
federal implementation plan within 24 months unless we approve 
subsequent SIP revisions that correct the deficiencies identified in 
the final approval. In addition, final disapproval would trigger the 
offset sanction in CAA section 179(b)(2) 18 months after the effective 
date of a final disapproval, and the highway funding sanction in CAA 
section 179(b)(1) six months after the offset sanction is imposed. A 
sanction will not be imposed if the EPA determines that a subsequent 
SIP submission corrects the deficiencies identified in our final action 
before the applicable deadline.
    We will accept comments from the public on the proposed partial 
approval and partial disapproval for the next 30 days. If finalized, 
this action would incorporate the approved portions of the 2016 RACT 
SIP and negative declarations into the SIP.

III. Statutory and Executive Order Reviews

    Additional information about these statutes and Executive Orders 
can be found at http://www2.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 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 action is not expected to be an Executive Order 13771 
regulatory action because this action is not significant under 
Executive Order 12866.

C. Paperwork Reduction Act (PRA)

    This 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 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 action does 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 action.

F. Executive Order 13132: Federalism

    This 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 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 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 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 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 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.


[[Page 58315]]


    Dated: August 26, 2020.
John Busterud,
Regional Administrator, Region IX.
[FR Doc. 2020-19343 Filed 9-17-20; 8:45 am]
BILLING CODE 6560-50-P


