[Federal Register Volume 85, Number 182 (Friday, September 18, 2020)]
[Proposed Rules]
[Pages 58310-58315]
[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:<PHONE_NUMBER> or by
email at<EMAIL_ADDRESS>
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
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   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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    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

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.

    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.
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* 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.
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    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.
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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

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.

    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


[Federal Register Volume 80, Number 118 (Friday, June 19, 2015)]
[Notices]
[Pages 35349-35350]
[FR Doc No: 2015-14946]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPPT-2015-0236; FRL-9928-94]

Agency Information Collection Activities; Proposed Renewal and
Comment Request; TSCA Section 8(a) Preliminary Assessment Information
Rule (PAIR)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act (PRA), this
document announces that EPA is planning to submit an Information
Collection Request (ICR) to the Office of Management and Budget (OMB).
The ICR, entitled: ``TSCA Section 8(a) Preliminary Assessment
Information Rule (PAIR)'' and identified by EPA ICR No. 0586.13 and OMB
Control No. 2070-0054, represents the renewal of an existing ICR that
is scheduled to expire on March 31, 2016. Before submitting the ICR to
OMB for review and approval, EPA is soliciting comments on specific
aspects of the proposed information collection that is summarized in
this document. The ICR and accompanying material are available in the
docket for public review and comment.

DATES: Comments must be received on or before August 18, 2015.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPPT-2015-0236, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments. Do not submit
electronically any information you consider to be Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute.
     Mail: Document Control Office (7407M), Office of Pollution
Prevention and Toxics (OPPT), Environmental Protection Agency, 1200
Pennsylvania Ave. NW., Washington, DC 20460-0001.
     Hand Delivery: To make special arrangements for hand
delivery or delivery of boxed information, please follow the
instructions at http://www.epa.gov/dockets/contacts.html.
    Additional instructions on commenting or visiting the docket, along
with more information about dockets generally, is available at http://
www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: For technical information contact:
Mike Mattheisen, Chemical Control Division (7405 M), Office of
Pollution Prevention and Toxics, Environmental Protection Agency, 1200
Pennsylvania Ave. NW., Washington, DC 20460-0001; telephone number:
(202) 564-3077; email address<EMAIL_ADDRESS>    For general information contact: The TSCA-Hotline, ABVI-Goodwill,
422 South Clinton Ave., Rochester, NY 14620; telephone number: (202)
554-1404; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. What Information is EPA Particularly Interested in?

    Pursuant to PRA section 3506(c)(2)(A) (44 U.S.C. 3506(c)(2)(A)),
EPA specifically solicits comments and information to enable it to:
    1. Evaluate whether the proposed collection of information is
necessary for the proper performance of the functions of the Agency,
including whether the information will have practical utility.
    2. Evaluate the accuracy of the Agency's estimates of the burden of
the proposed collection of information, including the validity of the
methodology and assumptions used.
    3. Enhance the quality, utility, and clarity of the information to
be collected.
    4. Minimize the burden of the collection of information on those
who are to respond, including through the use of appropriate automated
electronic, mechanical, or other technological collection techniques or
other forms of information technology, e.g., permitting electronic
submission of responses. In particular, EPA is requesting comments from
very small businesses (those that employ less than 25) on examples of
specific additional efforts that EPA could make to reduce the paperwork
burden for very small businesses affected by this collection.

II. What Information Collection Activity or ICR Does this Action Apply
to?

    Title: TSCA Section 8(a) Preliminary Assessment Information Rule
(PAIR).
    ICR number: EPA ICR No. 0586.13.
    OMB control number: OMB Control No. 2070-0054.
    ICR status: This ICR is currently scheduled to expire on March 31,
2016. An Agency may not conduct or sponsor, and a person is not
required to respond to, a collection of information, unless it displays
a currently valid OMB control number. The OMB control numbers for EPA's
regulations in title 40 of the Code of Federal Regulations (CFR), after
appearing in the Federal Register when approved, are listed in 40 CFR
part 9, are displayed either by publication in the Federal Register or
by other appropriate means, such as on the related collection
instrument or form, if applicable. The display of OMB control numbers
for certain EPA regulations is consolidated in 40 CFR part 9.
    Abstract: Section 8(a) of the Toxic Substances Control Act (TSCA)
authorizes EPA to promulgate rules under which manufacturers, importers
and processors of chemical substances and mixtures must maintain
records and submit reports to EPA. EPA has promulgated the Preliminary
Assessment Information Rule (PAIR) under TSCA section 8(a). EPA uses
PAIR to collect information to identify, assess and manage human health
and environmental risks from chemical substances, mixtures and
categories. PAIR requires chemical manufacturers and importers to
complete a standardized reporting form to help evaluate the potential
for adverse human health and environmental effects caused by the
manufacture or importation of identified chemical substances, mixtures
or categories. Chemicals identified by EPA or any other federal agency,
for which a justifiable information need for production, use or
exposure-related data can be satisfied by the use of the PAIR are
proper subjects for TSCA section 8(a) PAIR rulemaking. In most
instances the information that EPA receives from a PAIR report is
sufficient to satisfy the information need in question. This
information collection addresses the reporting and recordkeeping
requirements associated with TSCA section 8(a).
    Responses to the collection of information are mandatory (see 40
CFR parts 712, 766, and 792). Respondents

may claim all or part of a response confidential. EPA will disclose
information that is covered by a claim of confidentiality only to the
extent permitted by, and in accordance with, the procedures in TSCA
section 14 and 40 CFR part 2.
    Burden statement: The annual public reporting and recordkeeping
burden for this collection of information is estimated to average 31.5
hours per response. Burden is defined in 5 CFR 1320.3(b).
    The ICR, which is available in the docket along with other related
materials, provides a detailed explanation of the collection activities
and the burden estimate that is only briefly summarized here:
    Respondents/Affected Entities: Entities potentially affected by
this ICR are companies that manufacture, process or import chemical
substances, mixtures or categories.
    Estimated total number of potential respondents: 1.
    Frequency of response: On occasion.
    Estimated total average number of responses for each respondent: 1.
    Estimated total annual burden hours: 31.5 hours.
    Estimated total annual costs: $2,388. This includes an estimated
burden cost of $2,388 and an estimated cost of $0 for capital
investment or maintenance and operational costs.

III. Are There Changes in the Estimates from the Last Approval?

    There is a decrease of 916 hours in the total estimated respondent
burden compared with that identified in the ICR currently approved by
OMB. This decrease reflects additional both adjustment changes from a
reduction in the assumed number of PAIR reports filed annually, and
program changes resulting from mandatory electronic submissions of PAIR
reports. In recent years (FY 2011-FY 2014), EPA has received no PAIR
submissions and, for the purposes of this analysis, EPA assumes an
annual rate of one submission per year. At the time OMB last renewed
this ICR, EPA estimated an average of 33 reports from 14.8 submitters
based on fiscal year 2006-2010 data. The ICR supporting statement
provides a detailed analysis of the change in burden estimate. This
change is both an adjustment and a program change.

IV. What is the Next Step in the Process for this ICR?

    EPA will consider the comments received and amend the ICR as
appropriate. The final ICR package will then be submitted to OMB for
review and approval pursuant to 5 CFR 1320.12. EPA will issue another
Federal Register document pursuant to 5 CFR 1320.5(a)(1)(iv) to
announce the submission of the ICR to OMB and the opportunity to submit
additional comments to OMB. If you have any questions about this ICR or
the approval process, please contact the technical person listed under
FOR FURTHER INFORMATION CONTACT.

    Authority: 44 U.S.C. 3501 et seq.

    Dated: June 10, 2015.
James Jones,
Assistant Administrator, Office of Chemical Safety and Pollution
Prevention.
[FR Doc. 2015-14946 Filed 6-18-15; 8:45 am]
 BILLING CODE 6560-50-P