Federal Register / Vol. 87, No. 28 / Thursday, February 10, 2022 / Proposed Rules 7779 

appear in a cover letter within the 

comments. Similarly, to the extent 

possible please include any exhibits, 

annexes, or other attachments in the 

same file, so that the submission 

consists of one instead of multiple files. 

Comments will be placed in the docket 

and open to public inspection, except 

information determined to be 

confidential. Comments may be viewed 

on https://www.regulations.gov by 

entering docket number BIS–2021–0042 

in the search field on the home page. 

All filers should name their files 

using the name of the person or entity 

submitting the comments. 

Communications from agencies of the 

United States Government will not be 

made available for public inspection. 

Material submitted by members of the 

public that is properly marked as 

business confidential information with a 

valid statutory basis for confidentiality 

and which is accepted as such by BIS 

will not be disclosed publicly. Guidance 

on submitting business confidential 

information is as follows: Anyone 

submitting business confidential 

information should clearly identify the 

business confidential portion at the time 

of submission, include a statement 

justifying nondisclosure and referring to 

the specific legal authority claimed with 

the submission, and provide a nonconfidential version of the submission 

which will be placed in the public file 

on https://www.regulations.gov. For 

comments submitted electronically 

containing business confidential 

information, the file name of the 

business confidential version should 

begin with the characters ‘‘BC’’. Any 

page containing business confidential 

information must be clearly marked 

‘‘BUSINESS CONFIDENTIAL’’ on the 

top of that page. The file name of the 

non-confidential version should begin 

with the character ‘‘P’’. The nonconfidential version must be clearly 

marked ‘‘PUBLIC’’ on the top of the first 

page. The ‘‘BC’’ and ‘‘P’’ should be 

followed by the name of the person or 

entity submitting the comments or 

rebuttal comments. 

Matthew S. Borman, 

Deputy Assistant Secretary for Export 

Administration. 

[FR Doc. 2022–02870 Filed 2–9–22; 8:45 am] 

BILLING CODE 3510–33–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2021–0818; FRL–9264–01– 

R9] 

Air Plan Approval; California; Northern 

Sierra Air Quality Management District; 

Reasonably Available Control 

Technology 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve a 

revision to the Northern Sierra Air 

Quality Management District (NSAQMD 

or ‘‘District’’) portion of the California 

State Implementation Plan (SIP). This 

revision concerns the District’s 

demonstration regarding reasonably 

available control technology (RACT) 

requirements for the 2015 8-hour ozone 

national ambient air quality standard 

(NAAQS or ‘‘standards’’) in the Western 

Nevada County (‘‘Western Nevada’’) 

ozone nonattainment area (NAA), which 

is under the jurisdiction of the 

NSAQMD. We are taking comments on 

this proposal and plan to follow with a 

final action. 

DATES: Comments must be received on 

or before March 14, 2022. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R09– 

OAR–2021–0818 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. 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: 

Nancy Levin, EPA Region IX, 75 

Hawthorne St., San Francisco, CA 

94105. By phone: (415) 972–3848 or by 

email at levin.nancy@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 document did the State submit? 

B. Are there other versions of this 

document? 

C. What is the purpose of the submitted 

document? 

II. The EPA’s Evaluation and Proposed 

Action 

A. How is the EPA evaluating the 

submitted document? 

B. Does the document meet the evaluation 

criteria? 

C. The EPA’s Recommendations To Further 

Improve the RACT SIP 

D. Public Comment and Proposed Action 

III. Statutory and Executive Order Reviews 

I. The State’s Submittal 

A. What document did the State submit? 

On January 25, 2021, the NSAQMD 

adopted the ‘‘Reasonably Available 

Control Technology (RACT) State 

Implementation Plan (SIP) Revision for 

Western Nevada County 8-Hour Ozone 

Nonattainment Area’’ (‘‘2015 ozone 

RACT SIP’’), and on March 23, 2021, the 

California Air Resources Board (CARB) 

submitted it to the EPA for approval as 

a revision to the California SIP. 

On September 23, 2021, the submittal 

for the NSAQMD 2015 ozone RACT SIP 

was 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 this 

document? 

There are no previous versions of this 

document in the NSAQMD portion of 

the California SIP for the 2015 8-hour 

ozone NAAQS. 

C. What is the purpose of the submitted 

document? 

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 VOCs and NOX emissions. CAA 


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1Any stationary source that emits or has the 

potential to emit at least 100 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)). 

2 83 FR 25776. 

3 86 FR 59648. 

4 83 FR 62998, 63007. 

5 80 FR 12264, 12278. 

6 Id.; 70 FR 71612, 71652 (November 29, 2005). 

7On October 28, 2021, the EPA reclassified the 

Western Nevada 2015 ozone nonattainment area 

from ‘‘Moderate’’ to ‘‘Serious,’’ and established a 

Serious area RACT SIP deadline of November 29, 

2023 (86 FR 59648). 

8 57 FR 13498, 13512 (April 16, 1992). 

sections 182(b)(2) and (f) require that 

SIPs for areas designated nonattainment 

for the ozone NAAQS and 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.1

The NSAQMD is subject to this RACT 

SIP requirement, as the District 

regulates the Western Nevada NAA, 

which was classified as Moderate for the 

2015 8-hour ozone NAAQS on June 4, 

2018.2 Therefore, to satisfy sections 

182(b)(2) and (f) of the Act, the 

NSAQMD 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. 

We note that the EPA issued a final 

rule on October 28, 2021, in which it 

reclassified Western Nevada County as 

‘‘Serious’’ nonattainment for the 2015 8- 

hour ozone NAAQS (‘‘2015 ozone 

NAAQS’’).3 This final rule established a 

Serious area RACT SIP deadline and 

implementation schedule. NSAQMD 

adopted its Moderate area 2015 ozone 

RACT SIP in January 2021, when it was 

classified as a Moderate ozone NAA. We 

are addressing the Moderate area 

requirements in this notice. 

Section III.F of the preamble to the 

EPA’s final rule to implement the 2015 

ozone NAAQS (‘‘2015 State 

Requirements Rule’’) finalized the 

proposal ‘‘to retain our existing RACT 

requirements codified in 40 CFR 

51.1112 and to add new deadline 

requirements for certain RACT SIP 

submissions . . .’’.4 It states ‘‘[F]or 

reference, the final 2008 Ozone NAAQS 

SIP Requirements Rule provides an 

extensive discussion of the EPA’s 

rationale and approach for how air 

agencies can provide for RACT in their 

nonattainment SIPs (80 FR 12278; 

March 6, 2015).’’ The 2008 ozone SIP 

Requirements Rule 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.5 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.6

The 2015 ozone RACT SIP, including 

its negative declarations, provide the 

NSAQMD’s analysis of its compliance 

with CAA section 182 RACT 

requirements for the 2015 8-hour ozone 

NAAQS. The EPA’s technical support 

document (TSD) for this action has more 

information about the District’s 

submittal and the EPA’s evaluation 

thereof. 

II. The EPA’s Evaluation and Proposed 

Action 

A. How is the EPA evaluating the 

submitted document? 

Generally, 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 (see CAA sections 

182(b)(2) and (f), and 40 CFR 51.1312(a) 

and (b)). At the time of submittal, 

NSAQMD regulated an ozone 

nonattainment area classified as 

Moderate for the 2015 ozone standard 

(40 CFR 81.305). Therefore, NSAQMD 

rules must implement RACT.7

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.8 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 District. 

With respect to NSAQMD, the 

District’s analysis must demonstrate that 

each major source of VOCs or NOX in 

the Western Nevada NAA 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 

Deviations,’’ May 25, 1988 (‘‘the Bluebook,’’ 

revised January 11, 1990). 

3. ‘‘Guidance Document for Correcting 

Common VOC & Other Rule Deficiencies,’’ 

EPA Region 9, 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). 

8. ‘‘Implementation of the 2015 National 

Ambient Air Quality Standards for Ozone: 

Nonattainment Area State Implementation 

Plan Requirements,’’ 83 FR 62998 (December 

6, 2018). 

B. Does the document meet the 

evaluation criteria? 

NSAQMD’s 2015 ozone RACT SIP 

provides the District’s demonstration 

that the applicable SIP for the Western 

Nevada NAA, which is under the 

jurisdiction of the NSAQMD, satisfies 

CAA section 182 RACT requirements for 

the 2015 ozone NAAQS. The District’s 

conclusion is based on its 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, the NSAQMD determined 

that it only had sources subject to the 

CTGs covering gasoline service stations 

and vapor recovery operations, gasoline 

tank truck vapor tightness, and cutback 

asphalt. For each of these CTG source 

categories, the District’s submittal 

provided an analysis to support the 

District’s finding that a District rule 

previously approved by the EPA into 

the SIP as RACT for Western Nevada 

remains RACT for the 2015 ozone 

NAAQS. Specifically, the ‘‘Staff Report 

analyzing RACT for the 2015 Ozone 

NAAQS SIP’’ provides a discussion of 

the following District rules and why 

they continue to implement RACT: Rule 

214, ‘‘Phase I Vapor Recovery 

Requirements;’’ and Rule 227, ‘‘Cutback 

and Emulsified Asphalt Paving 


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9The Staff Report also includes a discussion of 

two rules that the NSAQMD states are not needed 

for the 2015 ozone RACT SIP: Rule 215, ‘‘Phase II 

Vapor Recovery System Requirements;’’ and Rule 

228, ‘‘Surface Coating of Metal Parts and Products.’’ 

While NSAQMD reviewed Rule 215, ‘‘Phase II 

Vapor Recovery System Requirements,’’ as meeting 

RACT, and the EPA has approved the rule as 

meeting RACT for the 2008 ozone NAAQS, the EPA 

has not published a CTG for vehicle refueling 

operations. District Rule 228, corresponds to the 

CTG entitled ‘‘Control of Volatile Organic 

Emissions from Existing Stationary Sources, 

Volume VI: Surface Coating of Miscellaneous Metal 

Parts and Products, and Control Techniques 

Guidelines for Miscellaneous Metal and Plastic 

Parts Coatings’’ (EPA–453/R–08–003). 

10 District Rule 214 corresponds to the CTGs 

entitled ‘‘Design Criteria for Stage I Vapor Control 

Systems—Gasoline Service Stations’’ (EPA–450/R– 

75–102) and ‘‘Control of Volatile Organic 

Compound Leaks from Gasoline Tank Trucks and 

Vapor Collection Systems’’ (EPA–450/2–78–051). 

District Rule 227 corresponds to the CTG entitled, 

‘‘Cutback and Emulsified Asphalt Paving 

Materials,’’ corresponds to the CTG entitled 

‘‘Control of Volatile Organic Compounds from Use 

of Cutback Asphalt’’ (EPA–450/2–77–37). 

Materials.’’ 9 We reviewed the 

NSAQMD’s evaluation of its rules 

addressing the CTG source categories 

that are subject to RACT in Western 

Nevada, which are as follows: ‘‘Design 

Criteria for Stage I Vapor Control 

Systems—Gasoline Service Stations’’ 

(EPA–450/R–75–102),’’Control of 

Volatile Organic Compound Leaks from 

Gasoline Tank Trucks and Vapor 

Collection Systems’’ (EPA–450/2–78– 

051), and ‘‘Control of Volatile Organic 

Compounds from Use of Cutback 

Asphalt’’ (EPA–450/2–77–37).10 We 

agree that the District’s rules are 

generally consistent with the CTGs and 

with recently adopted rules in other air 

districts, and therefore satisfy CAA 

RACT requirements for the 2015 ozone 

NAAQS. In this rulemaking, we propose 

to find that NSAQMD Rules 214 and 

227 establish RACT-level controls for 

the sources within the applicable CTG 

categories. 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. 

The submittal contains a table listing 

the EPA’s CTGs and annotates those 

CTGs for which the District is adopting 

a negative declaration, indicating that 

the District has no sources subject to the 

applicable CTG for the 2015 ozone 

NAAQS. These negative declarations are 

listed in Table 1 below. The District 

concludes that it has no sources subject 

to the relevant CTGs, based on a review 

of its permit files, planning documents, 

and the emissions inventory. 

In addition, the NSAQMD determined 

‘‘there are no existing or anticipated 

major sources’’ of VOC or NOX located 

in the Western Nevada NAA. The 

NSAQMD states ‘‘the largest-emitting 

stationary source of ozone precursors in 

the nonattainment area (an asphalt 

batch plant) emitted 0.79 tons of NOX

(4.3 pounds/day) and 0.02 tons of TOG 

[VOC] (0.1 pounds/day) in 2019.’’ 

We reviewed the District’s list of 

negative declarations in the submittal 

and CARB Emissions Inventory data and 

performed a general internet search to 

verify the District’s conclusion that it 

has no sources subject to the CTGs for 

which it has adopted negative 

declarations, and has no non-CTG major 

sources of VOC or NOX. Based on our 

review, we agree with the District’s 

negative declarations in the 2015 ozone 

RACT SIP, including negative 

declarations for non-CTG major sources 

of VOC and NOX, and propose to 

approve them into the SIP. 

TABLE 1—CTG NEGATIVE DECLARATIONS FOR 2015 OZONE NAAQS—WESTERN NEVADA NAA 

CTG No. CTG 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 for 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–450/2–78–015 ....... Surface Coating of Miscellaneous Metal Parts and Products. 

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–450/3–82–009 ....... Large Petroleum Dry Cleaners. 

EPA–450/3–83–006 ....... Leaks from Synthetic Organic Chemical and Polymer Manufacturing Equipment. 

EPA–450/3–83–007 ....... Equipment 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 Processes in the Synthetic Organic Chemical Manufacturing Industry. 

EPA–453/R–96–007 ...... Wood Furniture Manufacturing Operations. 

EPA–453/R–94–032 ...... ACT Surface Coating Operations at Shipbuilding and Ship Repair Facilities. 

61 FR 44050; 8/27/96 .... Shipbuilding and Ship Repair Operations (Surface Coating). 

59 FR 29216; 6/06/94 .... NESHAPS Aerospace Manufacturing and Rework. 

EPA–453/R–97–004 ...... Coating Operations at Aerospace Manufacturing and Rework Operations. 

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. 


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TABLE 1—CTG NEGATIVE DECLARATIONS FOR 2015 OZONE NAAQS—WESTERN NEVADA NAA—Continued 

CTG No. CTG title 

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–08–003 ....... Miscellaneous Metal and Plastic Parts Coatings; Table 2—Metal Parts and Products. 

EPA 453/R–08–003 ....... Miscellaneous Metal and Plastic Parts Coatings; Table 3—Plastic Parts and Products. 

EPA 453/R–08–003 ....... Miscellaneous Metal and Plastic Parts Coatings; Table 4—Automotive/Transportation and Business Machine Plastic 

Parts. 

EPA 453/R–08–003 ....... Miscellaneous Metal and Plastic Parts Coatings; Table 5—Pleasure Craft Surface Coating. 

EPA 453/R–08–003 ....... Miscellaneous Metal and Plastic Parts Coatings; Table 6—Motor Vehicle Materials. 

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/B–16–001 ....... Oil and Natural Gas Industry. 

C. The EPA’s Recommendations To 

Further Improve the RACT SIP 

Our TSD includes recommendations 

for future rule improvements. 

D. Public Comment and Proposed 

Action 

As authorized in section 110(k)(3) of 

the Act, the EPA proposes to fully 

approve CARBs submittal of the 

NSAQMD RACT SIP for the 2015 ozone 

NAAQS, as reflected in Tables 2 and 3, 

because the submittal fulfills the RACT 

SIP requirements under CAA sections 

182(b) and (f) and 40 CFR 51.1312(a) 

and (b) for the 2015 ozone NAAQS. We 

will accept comments from the public 

on this proposal until March 14, 2022. 

If we take final action to approve the 

submitted document, our final action 

will incorporate this document into the 

federally enforceable SIP. 

TABLE 2—CTGS FOR 2015 OZONE NAAQS—WESTERN NEVADA NAA 

CTG No. CTG title 

Rule claimed 

as current 

RACT 

Negative 

declaration 

adopted 

EPA–450/R–75–102 ...... Design Criteria for Stage I Vapor Control—Gasoline Service Stations .... Rule 214 (78 FR 897, 1/ 

7/13).

EPA–450/2–77–008 ....... Surface Coating of Cans ............................................................................ ......................................... a 1/25/2021 

EPA–450/2–77–008 ....... Surface Coating of Coils ............................................................................ ......................................... a 1/25/2021 

EPA–450/2–77–008 ....... Surface Coating of Paper .......................................................................... ......................................... a 1/25/2021 

EPA–450/2–77–008 ....... Surface Coating of Fabric .......................................................................... ......................................... a 1/25/2021 

EPA–450/2–77–008 ....... Surface Coating of Automobiles and Light-Duty Trucks ........................... ......................................... a 1/25/2021 

EPA–450/2–77–022 ....... Solvent Metal Cleaning .............................................................................. ......................................... b 1/25/2021 

EPA–450/2–77–025 ....... Refinery Vacuum Producing Systems, Wastewater Separators, and 

Process Unit Turnarounds.

......................................... a 1/25/2021 

EPA–450/2–77–026 ....... Tank Truck Gasoline Loading Terminals ................................................... ......................................... a 1/25/2021 

EPA–450/2–77–032 ....... Surface Coating of Metal Furniture ............................................................ ......................................... c 1/25/2021 

EPA–450/2–77–033 ....... Surface Coating for Insulation of Magnet Wire ......................................... ......................................... a 1/25/2021 

EPA–450/2–77–034 ....... Surface Coating of Large Appliances ........................................................ ......................................... a 1/25/2021 

EPA–450/2–77–035 ....... Bulk Gasoline Plants .................................................................................. ......................................... d 1/25/2021 

EPA–450/2–77–036 ....... Storage of Petroleum Liquids in Fixed-Roof Tanks ................................... ......................................... a 1/25/2021 

EPA–450/2–77–037 ....... Cutback Asphalt ......................................................................................... Rule 227, 74 FR 56120 

(10/30/09).

EPA–450/2–78–015 ....... Surface Coating of Miscellaneous Metal Parts and Products ................... ......................................... a j 1/25/2021 

EPA–450/2–78–029 ....... Manufacture of Synthesized Pharmaceutical Products ............................. ......................................... a 1/25/2021 

EPA–450/2–78–030 ....... Manufacture of Pneumatic Rubber Tires ................................................... ......................................... a 1/25/2021 

EPA–450/2–78–032 ....... Factory Surface Coating of Flat Wood Paneling ....................................... ......................................... a 1/25/2021 

EPA–450/2–78–033 ....... Graphic Arts-Rotogravure and Flexography .............................................. ......................................... e 1/25/2021 

EPA–450/2–78–036 ....... Leaks from Petroleum Refinery Equipment ............................................... ......................................... a 1/25/2021 

EPA–450/2–78–047 ....... Petroleum Liquid Storage in External Floating Roof Tanks ...................... ......................................... a 1/25/2021 

EPA–450/2–78–051 ....... Leaks from Gasoline Tank Trucks and Vapor Collection Systems ........... Rule 214 (78 FR 897, 1/ 

7/13).

EPA–450/3–82–009 ....... Large Petroleum Dry Cleaners .................................................................. ......................................... f 1/25/2021 

EPA–450/3–83–006 ....... Leaks from Synthetic Organic Chemical and Polymer Manufacturing 

Equipment.

......................................... a 1/25/2021 

EPA–450/3–83–007 ....... Equipment Leaks from Natural Gas/Gasoline Processing Plants ............. ......................................... a 1/25/2021 

EPA–450/3–83–008 ....... Manufacture of High-Density Polyethylene, Polypropylene, and Polystyrene Resins.......................................... a 1/25/2021 

EPA–450/3–84–015 ....... Air Oxidation Processes in Synthetic Organic Chemical Manufacturing 

Industry.

......................................... f 1/25/2021 

EPA–450/4–91–031 ....... Reactor Processes and Distillation Operations Processes in the Synthetic Organic Chemical Manufacturing Industry.......................................... a 1/25/2021 

EPA–453/R–96–007 ...... Wood Furniture Manufacturing Operations ................................................ ......................................... i 1/25/2021 


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Federal Register / Vol. 87, No. 28 / Thursday, February 10, 2022 / Proposed Rules 7783 

TABLE 2—CTGS FOR 2015 OZONE NAAQS—WESTERN NEVADA NAA—Continued 

CTG No. CTG title 

Rule claimed 

as current 

RACT 

Negative 

declaration 

adopted 

EPA–453/R–94–032 ...... ACT Surface Coating Operations at Shipbuilding and Ship Repair Facilities.......................................... a 1/25/2021 

61 FR 44050; 8/27/96 .... Shipbuilding and Ship Repair Operations (Surface Coating).

59 FR 29216; 6/06/94 .... NESHAPS Aerospace Manufacturing and Rework ................................... ......................................... a 1/25/2021 

EPA–453/R–97–004 ...... Coating Operations at Aerospace Manufacturing and Rework Operations.

EPA–453/R–06–001 ...... Industrial Cleaning Solvents ...................................................................... ......................................... c 1/25/2021 

EPA–453/R–06–002 ...... Offset Lithographic Printing and Letterpress Printing ................................ ......................................... g 1/25/2021 

EPA–453/R–06–003 ...... Flexible Package Printing .......................................................................... ......................................... g 1/25/2021 

EPA–453/R–06–004 ...... Flat Wood Paneling Coatings .................................................................... ......................................... a 1/25/2021 

EPA 453/R–07–003 ....... Paper, Film, and Foil Coatings .................................................................. ......................................... a 1/25/2021 

EPA 453/R–07–004 ....... Large Appliance Coatings .......................................................................... ......................................... a 1/25/2021 

EPA 453/R–07–005 ....... Metal Furniture Coatings ............................................................................ ......................................... a 1/25/2021 

EPA 453/R–08–003 ....... Miscellaneous Metal and Plastic Parts Coatings; Table 2—Metal Parts 

and Products.

......................................... h j 1/25/2021 

EPA 453/R–08–003 ....... Miscellaneous Metal and Plastic Parts Coatings; Table 3—Plastic Parts 

and Products.

......................................... h 1/25/2021 

EPA 453/R–08–003 ....... Miscellaneous Metal and Plastic Parts Coatings; Table 4—Automotive/ 

Transportation and Business Machine Plastic Parts.

......................................... h 1/25/2021 

EPA 453/R–08–003 ....... Miscellaneous Metal and Plastic Parts Coatings; Table 5—Pleasure 

Craft Surface Coating.

......................................... h 1/25/2021 

EPA 453/R–08–003 ....... Miscellaneous Metal and Plastic Parts Coatings; Table 6—Motor Vehicle 

Materials.

......................................... h 1/25/2021 

EPA 453/R–08–004 ....... Fiberglass Boat Manufacturing Materials .................................................. ......................................... h 1/25/2021 

EPA 453/R–08–005 ....... Miscellaneous Industrial Adhesives ........................................................... ......................................... g 1/25/2021 

EPA 453/R–08–006 ....... Automobile and Light-Duty Truck Assembly Coatings .............................. ......................................... c 1/25/2021 

EPA 453/B–16–001 ....... Oil and Natural Gas Industry ..................................................................... ......................................... a 1/25/2021 

a No existing or anticipated sources. 

bExempt—rural (pop. <200,000). 

c No sources exceed actual emissions of 15 lbs/day. 

d No sources exceed 4,000 gallons per day throughput on a 30-day rolling average. 

e No sources that exceed 100 tpy. 

f No sources exceed 32,500 gallons/year. 

g No sources exceed actual emissions of 15 lbs./day or 3 tons per 12-month period. 

h No sources that exceed actual emissions of 15 lbs./day or 2.7 tons per 12-month period. 

i No sources exceed 25 tons per year of VOCs PTE. 

j 2021–11–23 email from S. Longmire, NSAQMD to N. Levin, EPA Re_RACT Submittal for 2015 Ozone NAAQS. 

TABLE 3—MAJOR SOURCES OF NOX AND NON-CTG VOC FOR 2015 OZONE NAAQS—WESTERN NEVADA NAA 

Category Major sources 

in NAA? 

Rule(s) claimed 

as current RACT 

Negative 

declaration 

adopted 

Major non-CTG sources of VOC .............................................................................................. No .................. N/A ................... a 1/25/2021 

Major sources of NOX .............................................................................................................. No .................. N/A ................... a 1/25/2021 

a No existing or anticipated sources. 

III. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, the 

Administrator is required to approve a 

SIP submission that complies with the 

provisions of the Act and applicable 

federal regulations. 42 U.S.C. 7410(k); 

40 CFR 52.02(a). Thus, in reviewing SIP 

submissions, the EPA’s role is to 

approve state choices, provided that 

they meet the criteria of the Clean Air 

Act. Accordingly, this proposed action 

merely proposes to approve state law as 

meeting federal requirements and does 

not impose additional requirements 

beyond those imposed by state law. For 

that reason, this proposed action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Orders 12866 (58 FR 51735, 

October 4, 1993) and 13563 (76 FR 3821, 

January 21, 2011); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the Clean Air Act; 

and 


jspears on DSK121TN23PROD with PROPOSALS1
7784 Federal Register / Vol. 87, No. 28 / Thursday, February 10, 2022 / Proposed Rules 

• Does not provide the EPA with the 

discretionary authority to address 

disproportionate human health or 

environmental effects with practical, 

appropriate, and legally permissible 

methods under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, the SIP is not approved 

to apply on any Indian reservation land 

or in any other area where the EPA or 

an Indian tribe has demonstrated that a 

tribe has jurisdiction. In those areas of 

Indian country, the rule does not have 

tribal implications and will not impose 

substantial direct costs on tribal 

governments or preempt tribal law as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Authority: 42 U.S.C. 7401 et seq. 

Dated: February 3, 2022. 

Martha Guzman Aceves, 

Regional Administrator, Region IX. 

[FR Doc. 2022–02772 Filed 2–9–22; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2021–0748; FRL–9217–01– 

R9] 

Air Plan Approval; Arizona; Maricopa 

County Air Quality Department 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve a 

revision to the Maricopa County Air 

Quality Department (MCAQD or 

County) portion of the Arizona State 

Implementation Plan (SIP). This 

revision concerns emissions of volatile 

organic compounds (VOCs). We are 

proposing action on rescissions of local 

rules that regulate these pollutants 

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 March 14, 2022. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R09– 

OAR–2021–0748 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. 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: La 

Kenya Evans, EPA Region IX, 75 

Hawthorne St., San Francisco, CA 

94105. By phone: (415) 972–3245 or by 

email at evans.lakenya@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 is the County rescinding? 

B. What is the purpose of the rules and 

what is the impact of the EPA’s 

rescission? 

II. The EPA’s Evaluation and Action 

A. How is the EPA evaluating the request 

for rescission? 

B. Do the rule rescissions meet the 

evaluation criteria? 

C. Public Comment and Proposed Action 

III. Incorporation by Reference 

IV. Statutory and Executive Order Reviews 

I. The State’s Submittal 

A. What is the County rescinding? 

On September 13, 2017, the Arizona 

Department of Environmental Quality 

(ADEQ) submitted to the EPA a request 

from MCAQD to act on a series of rules 

from the SIP, including the rescission of 

various local rules. Table 1 lists the 

portion of the SIP approved rules from 

MCAQD’s 2017 rescission request that 

the EPA is proposing to act on in this 

notice. The table includes the dates that 

the rules were adopted by the MCAQD 

and the dates they were approved into 

the SIP by the EPA. 

TABLE 1—SIP APPROVED RULES

Rule No. Title Local adopted date SIP approved date FR citation 

27 ....................................... Performance Tests ........................................... June 23, 1980 ........... April 12, 1982 ............ 47 FR 15579. 

32 A .................................... Odors and Gaseous Emissions (General prohibitions).August 12, 1971 ........ July 27, 1972 ............. 37 FR 15080. 

32 B .................................... Odors and Gaseous Emissions (Treatment or 

processing of animal or vegetable matter).

August 12, 1971 ........ July 27, 1972 ............. 37 FR 15080. 

32 C .................................... Odors and Gaseous Emissions (Storage requirements).August 12, 1971 ........ July 27, 1972 ............. 37 FR 15080. 

32 D .................................... Odors and Gaseous Emissions (Stack, vent, 

or other outlet).

August 12, 1971 ........ July 27, 1972 ............. 37 FR 15080. 

32 E .................................... Odors and Gaseous Emissions (Hydrogen 

sulfide).

August 12, 1971 ........ July 27, 1972 ............. 37 FR 15080. 

32 F .................................... Odors and Gaseous Emissions (Relating to 

sulfur oxide and sulfuric acid).

August 12, 1971 ........ July 27, 1972 ............. 37 FR 15080. 

34 A .................................... Organic Solvents-Volatile Organic Compounds (VOC).June 23, 1980 ........... May 5, 1982 .............. 47 FR 19326. 

34 D.1 ................................. Dry Cleaning .................................................... June 23, 1980 ........... May 5, 1982 .............. 47 FR 19326. 


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