4652 Federal Register / Vol. 90, No. 10 / Thursday, January 16, 2025 / Rules and Regulations 

address the Tribe’s concerns about the 

health and environmental impacts of the 

Bonanza plant and acted contrary to 

Executive Orders and EPA policies 

regarding environmental justice and 

Tribal consultation, and contrary to the 

Federal trust responsibility to federallyrecognized Indian Tribes. In addition, 

the Tribe asserted that EPA abused its 

discretion and violated the Federal trust 

responsibility by not providing the 

results of an investigation identifying 

potential non-compliance with coal 

combustion residual requirements 

under the Resource Conservation and 

Recovery Act (‘‘RCRA’’) until after the 

CAA title V permit was issued. 

Consequently, under 40 CFR 

71.11(i)(2)(ii), the effective date of the 

permit was delayed. 

III. Effect of this Action 

On September 10, 2024, the EAB 

denied the petition for review. See In re 

Deseret Generation and Transmission 

Co-operative Bonanza Power Plant, 

Permit No. V–UO–000004–2019.00, 

CAA Appeal No. 24–01 (EAB, 

September 10, 2024) (Order Denying 

Review). The Tribe requested that the 

EAB reconsider its Order Denying 

Review and on November 8, 2024, the 

EAB denied the Tribe’s Motion for 

Reconsideration. Following the EAB’s 

action, pursuant to 40 CFR 

124.19(l)(2)(i), the EPA issued a final 

permit decision on December 17, 2024. 

The final title V permit is effective 

immediately and will expire on 

December 17, 2029. 

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

KC Becker, 

Regional Administrator, Region 8. 

[FR Doc. 2025–00651 Filed 1–15–25; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2022–0607; FRL–10024– 

03–R9] 

Air Plan Approval; Arizona; Maricopa 

County Air Quality Department 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action to 

approve revisions to the Maricopa 

County Air Quality Department 

(MCAQD or ‘‘County’’) portions of the 

Arizona State Implementation Plan 

(SIP). These revisions concern the 

County’s reasonably available control 

technology (RACT) demonstration for 

the aerospace coating category and 

negative declarations for the 2008 8- 

hour ozone National Ambient Air 

Quality Standards (NAAQS or 

‘‘standards’’) in the portion of the 

Phoenix-Mesa ozone nonattainment area 

regulated by the MCAQD, as well as a 

rule covering emissions of volatile 

organic compounds (VOCs) from surface 

coatings and industrial adhesives. We 

are also approving a local rule that 

regulates these emission sources under 

the Clean Air Act (CAA or ‘‘the Act’’). 

DATES: This rule is effective February 

18, 2025. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R09–OAR–2022–0607. All 

documents in the docket are listed on 

the https://www.regulations.gov 

website. Although listed in the index, 

some information is not publicly 

available, e.g., Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available through https://

www.regulations.gov, or please contact 

the person identified in the FOR FURTHER

INFORMATION CONTACT section for 

additional availability information. If 

you need assistance in a language other 

than English or if you are a person with 

a disability who needs a reasonable 

accommodation at no cost to you, please 

contact the person identified in the FOR

FURTHER INFORMATION CONTACT section. 

FOR FURTHER INFORMATION CONTACT: 

Nicole Law, EPA Region IX, 75 

Hawthorne St., San Francisco, CA 

94105. By phone: (415) 947–4126 or by 

email at Law.Nicole@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, ‘‘we,’’ ‘‘us’’ 

and ‘‘our’’ refer to the EPA. 

Table of Contents 

I. Proposed Action and Interim Final 

Determination 

II. Public Comments and EPA Responses 

III. EPA Action 

IV. Incorporation by Reference 

V. Statutory and Executive Order Reviews 

I. Proposed Action and Interim Final 

Determination 

On August 4, 2022 (87 FR 47663), the 

EPA proposed to approve a RACT 

certification for Aerospace 

Manufacturing and Rework Operations, 

Rule 336 ‘‘Surface Coating Operations 

and Industrial Adhesive Application 

Processes,’’ and negative declarations 

for the 2008 8-hour ozone NAAQS. The 

following table lists the documents that 

were submitted by the Arizona 

Department of Environmental Quality 

(ADEQ) for incorporation into the 

Arizona SIP and were the subject of our 

August 4, 2022 proposed rulemaking 

action. 

Local agency Document Adopted Submitted 

MCAQD .............................................. Maricopa County Reasonably Available Control Technology (RACT) Certification for Volatile Organic Compound (VOC) Emissions from Aerospace 

Manufacturing and Rework Operations In Maricopa County June 2021.

06/23/21 06/30/21 

MCAQD .............................................. Rule 336 Surface Coating Operations and Industrial Adhesive Application 

Processes.

09/01/21 09/17/21 

MCAQD .............................................. Negative Declarations for Three Coating Categories Listed in the 2008 

Control Techniques Guidelines for Miscellaneous Metal and Plastic Parts 

Coatings.

09/01/21 09/17/21 

We proposed to approve the RACT 

certification, rule, and negative 

declarations because we determined 

that they comply with the relevant CAA 

requirements. Our proposed action 

contains more information on the RACT 

certification, rule, negative declarations, 

and our evaluation. On the same day, 

we also made an interim final 

determination (87 FR 47630) that the 

submittal from the ADEQ corrected SIP 

deficiencies from a previous submittal, 

allowing us to defer the imposition of 

sanctions resulting from our previous 

disapproval action concerning ozone 

nonattainment requirements. 


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Federal Register / Vol. 90, No. 10 / Thursday, January 16, 2025 / Rules and Regulations 4653 

1 86 FR 971 (January 7, 2021). 

2 62 FR 27968 (May 22, 1997). 

II. Public Comments and EPA 

Responses 

The EPA’s proposed action provided 

a 30-day public comment period. During 

this period, we received no comments. 

III. EPA Action 

No comments were submitted. 

Therefore, as authorized in section 

110(k)(3) of the Act, the EPA is fully 

approving the RACT certification, rule, 

and negative declarations into the 

Arizona SIP. The September 1, 2021 

version of Rule 336 will replace the 

previously approved version of this rule 

in the SIP. This approval permanently 

stops sanctions and Federal 

implementation plan clocks started by 

our January 7, 2021 partial disapproval 

and partial conditional approval actions 

on portions of the MCAQD RACT SIP.1

IV. Incorporation by Reference 

In this rule, the EPA is finalizing 

regulatory text that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, the EPA is finalizing the 

incorporation by reference of MCAQD 

Rule 336, ‘‘Surface Coating Operations 

and Industrial Adhesive Application 

Processes,’’ revised on September 1, 

2021, which regulates VOC emissions 

from surface coating operations and 

industrial adhesive application 

processes. Therefore, these materials 

have been approved by the EPA for 

inclusion in the SIP, have been 

incorporated by reference by the EPA 

into that plan, are fully federally 

enforceable under sections 110 and 113 

of the CAA as of the effective date of the 

final rulemaking of the EPA’s approval, 

and will be incorporated by reference in 

the next update to the SIP compilation.2

The EPA has made, and will continue 

to make, these documents available 

through https://www.regulations.gov 

and at the EPA Region IX Office (please 

contact the person identified in the FOR

FURTHER INFORMATION CONTACT section of 

this preamble for more information). 

V. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, the 

Administrator is required to approve a 

SIP submission that complies with the 

provisions of the Act and applicable 

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

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

submissions, the EPA’s role is to 

approve State choices, provided that 

they meet the criteria of the CAA. 

Accordingly, this action merely 

approves State law as meeting Federal 

requirements and does not impose 

additional requirements beyond those 

imposed by State law. For that reason, 

this action: 

• Is not a significant regulatory action 

subject to review by the Office of 

Management and Budget under 

Executive Orders 12866 (58 FR 51735, 

October 4, 1993) and 14094 (88 FR 

21879, April 11, 2023); 

• 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 subject to Executive Order 

13045 (62 FR 19885, April 23, 1997) 

because it approves a State program; 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); and 

• Is not subject to requirements of 

section 12(d) of the National 

Technology Transfer and Advancement 

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

application of those requirements would 

be inconsistent with the CAA. 

In addition, the SIP is not approved 

to apply on any Indian reservation land 

or in any other area where the EPA or 

an Indian tribe has demonstrated that a 

tribe has jurisdiction. In those areas of 

Indian country, the rule does not have 

Tribal implications and will not impose 

substantial direct costs on Tribal 

governments or preempt Tribal law as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

Executive Order 12898 (Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations, 59 FR 7629, 

Feb. 16, 1994) directs Federal agencies 

to identify and address 

‘‘disproportionately high and adverse 

human health or environmental effects’’ 

of their actions on communities with 

environmental justice (EJ) concerns to 

the greatest extent practicable and 

permitted by law. Executive Order 

14096 (Revitalizing Our Nation’s 

Commitment to Environmental Justice 

for All, 88 FR 25251, April 26, 2023) 

builds on and supplements Executive 

Order 12898 and defines EJ as, among 

other things, ‘‘the just treatment and 

meaningful involvement of all people, 

regardless of income, race, color, 

national origin, Tribal affiliation, or 

disability, in agency decision-making 

and other Federal activities that affect 

human health and the environment.’’ 

The State did not evaluate EJ 

considerations as part of its SIP 

submittal; the CAA and applicable 

implementing regulations neither 

prohibit nor require such an evaluation. 

The EPA did not perform an EJ analysis 

and did not consider EJ in this action. 

Due to the nature of the action being 

taken here, this action is expected to 

have a neutral to positive impact on the 

air quality of the affected area. 

Consideration of EJ is not required as 

part of this action, and there is no 

information in the record inconsistent 

with the stated goal of Executive Orders 

12898 and 14096 of achieving EJ for 

communities with EJ concerns. 

This action is subject to the 

Congressional Review Act, and the EPA 

will submit a rule report to each House 

of the Congress and to the Comptroller 

General of the United States. This action 

is not a ‘‘major rule’’ as defined by 5 

U.S.C. 804(2). 

Under section 307(b)(1) of the Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by March 17, 2025. 

Filing a petition for reconsideration by 

the Administrator of this final rule does 

not affect the finality of this action for 

the purposes of judicial review, nor 

does it extend the time within which a 

petition for judicial review may be filed, 

and shall not postpone the effectiveness 

of such rule or action. This action may 

not be challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Ozone, Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Dated: December 30, 2024. 

Martha Guzman Aceves, 

Regional Administrator, Region IX. 

For the reasons discussed in the 

preamble, the Environmental Protection 

Agency amends 40 CFR part 52 as 

follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 


ddrumheller on DSK120RN23PROD with RULES1
4654 Federal Register / Vol. 90, No. 10 / Thursday, January 16, 2025 / Rules and Regulations 

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

Subpart D—Arizona 

§ 52.119 [Amended] 

■ 2. In § 52.119, remove and reserve 

paragraph (c)(3). 

■ 3. In § 52.120: 

■ a. In paragraph (c), table 4, under the 

table headings ‘‘Post-July 1998 Rule 

Codification’’ and ‘‘Regulation III— 

Control of Air Contaminants’’, revise the 

entry for ‘‘Rule 336’’; and 

■ b. In paragraph (e), table 1, under the 

subheading ‘‘Part D Elements and Plans 

for the Metropolitan Phoenix and 

Tucson Areas’’, and immediately after 

the entry for ‘‘Maricopa Association of 

Governments (MAG) 1987 Carbon 

Monoxide (CO) Plan for the Maricopa 

County Area, MAG CO Plan 

Commitments for Implementation, and 

Appendix A through E, Exhibit 4, 

Exhibit D’’, revise the entry for 

‘‘Analysis of Reasonably Available 

Control Technology for the 2008 8-Hour 

Ozone National Ambient Air Quality 

Standard (NAAQS) State 

Implementation Plan (RACT SIP)’’. 

The revisions read as follows: 

§ 52.120 Identification of plan. 

* * * * * 

(c) * * * 

TABLE 4 TO PARAGRAPH (c)—EPA-APPROVED MARICOPA COUNTY AIR POLLUTION CONTROL REGULATIONS

County citation Title/subject State effective date EPA approval date Additional explanation 

*******

Post-July 1998 Rule Codification 

*******

Regulation III—Control of Air Contaminants 

*******

Rule 336 .... Surface Coating Operations and Industrial Adhesive Application Processes.9/1/2021 ................ 1/16/2025, [INSERT FIRST PAGE OF 

FEDERAL REGISTER CITATION].

Submitted electronically on September 

17, 2021, as an attachment to a letter dated September 17, 2021. The 

September 1, 2021 version of Rule 

336 replaces the November 2, 2016 

version that was conditionally approved on January 7, 2021. 

*******

* * * * * (e) * * * 

TABLE 1—EPA-APPROVED NON-REGULATORY AND QUASI-REGULATORY MEASURES

[Excluding certain resolutions and statutes, which are listed in tables 2 and 3, respectively] 1

Name of SIP 

provision 

Applicable geographic 

or nonattainment area or 

title/subject 

State submittal date EPA approval 

date Explanation 

The State of Arizona Air Pollution Control Implementation Plan 

*******

Part D Elements and Plans for the Metropolitan Phoenix and Tucson Areas 

*******

Analysis of Reasonably Available Control Technology 

(RACT) for the 2008 8-Hour 

Ozone National Ambient Air 

Quality Standard (NAAQS) 

State Implementation Plan 

(SIP).

Maricopa County portion of 

Phoenix-Mesa nonattainment area for 2008 8-hour 

ozone NAAQS.

June 22, 2017; Supplemented 

on September 17, 2021.

January 7, 2021, 86 FR 971; 

and 1/16/2025, [INSERT 

FIRST PAGE OF FEDERAL 

REGISTER CITATION].

Except for those portions approved on 2/26/2020. The 

RACT requirement for major 

sources of NOX was approved on February 7, 2023. 

* * * * * * * 

1Table 1 is divided into three parts: Clean Air Act Section 110(a)(2) State Implementation Plan Elements (excluding Part D Elements and Plans), Part D Elements 

and Plans (other than for the Metropolitan Phoenix or Tucson Areas), and Part D Elements and Plans for the Metropolitan Phoenix and Tucson Areas. 

* * * * * 

■ 4. In § 52.122, revise paragraph 

(a)(3)(i) to read as follows: 

§ 52.122 Negative declarations. 

* * * * * 

(a) * * * 

(3) * * * 

(i) The following negative 

declarations for the 2008 ozone NAAQS 

were adopted by the Maricopa County 

Air Quality Department. 


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Federal Register / Vol. 90, No. 10 / Thursday, January 16, 2025 / Rules and Regulations 4655 

EPA document No. Title 

Adopted: 

05/24/2017 

Submitted: 

6/22/2017 

SIP approved: 

01/07/2021 

Adopted: 

09/01/2021 

Submitted: 

09/17/2021 

SIP approved: 

1/16/2025 

(A) EPA–450/2–77–008 ..... Surface Coating of Coils ................................................................................. X 

(B) EPA–450/2–77–008 ..... Surface Coating of Paper ............................................................................... X 

(C) EPA–450/2–77–008 ..... Surface Coating of Automobiles and Light-Duty Trucks ................................ X 

(D) EPA–450/2–77–025 ..... Refinery Vacuum Producing Systems, Wastewater Separators, and Process Unit Turnarounds.X 

(E) EPA–450/2–77–032 ..... Surface Coating of Metal Furniture ................................................................ X 

(F) EPA–450/2–77–033 ...... Surface Coating of Insulation of Magnet Wire ............................................... X 

(G) EPA–450/2–77–034 ..... Surface Coating of Large Appliances ............................................................. X 

(H) EPA–450/2–77–037 ..... Cutback Asphalt .............................................................................................. X 

(I) EPA–450/2–78–029 ....... Manufacture of Synthesized Pharmaceutical Products .................................. X 

(J) EPA–450/2–78–030 ...... Manufacture of Pneumatic Rubber Tires ....................................................... X 

(K) EPA–450/2–78–032 ..... Factory Surface Coating of Flat Wood Paneling ............................................ X 

(L) EPA–450/2–78–036 ...... Leaks from Petroleum Refinery Equipment ................................................... X 

(M) EPA–450/3–82–009 ..... Large Petroleum Dry Cleaners ....................................................................... X 

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

Equipment.

X 

(O) EPA–450/3–83–007 ..... Leaks from Natural Gas/Gasoline Processing Plants .................................... X 

(P) EPA–450/3–83–008 ..... Manufacture of High-Density Polyethylene, Polypropylene, and Polystyrene 

Resins.

X 

(Q) EPA–450/3–84–015 ..... Air Oxidation Processes in Synthetic Organic Chemical Manufacturing Industry.X 

(R) EPA–450/4–91–031 ..... Reactor Processes and Distillation Operations in Synthetic Organic Chemical Manufacturing Industry.X 

(S) EPA–453/R–94–032 ..... ACT Surface Coating at Shipbuilding and Ship Repair Facilities; Shipbuilding and Ship Repair Operations (Surface Coating), see the Federal 

Register of 08/27/1996.

X 

(T) EPA–453/R–06–003 ..... Flexible Package Printing ............................................................................... X 

(U) EPA–453/R–06–004 ..... Flat Wood Paneling Coatings ......................................................................... X 

(V) EPA 453/R–07–003 ...... Paper, Film, and Foil Coatings ....................................................................... X 

(W) EPA 453/R–07–004 ..... Large Appliance Coatings .............................................................................. X 

(X) EPA 453/R–07–005 ...... Metal Furniture Coatings ................................................................................ X 

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

Transportation and Business Machine Plastic Parts.

............................ X 

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

Materials.

............................ X 

(AA) EPA 453/R–08–004 ... Fiberglass Boat Manufacturing Materials ....................................................... X 

(BB) EPA 453/R–08–006 ... Automobile and Light-Duty Truck Assembly Coatings ................................... X 

(CC) EPA 453/B16–001 ..... Oil and Natural Gas Industry .......................................................................... X 

* * * * * 

§ 52.124 [Amend] 

■ 5. In § 52.124, remove and reserve 

paragraph (b). 

* * * * * 

[FR Doc. 2024–31701 Filed 1–15–25; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R08–OAR–2023–0473; FRL–12257– 

02–R8] 

Air Plan Approval; Montana; Missoula, 

Montana Oxygenated Fuels Program 

Removal, Carbon Monoxide, Limited 

Maintenance Plan 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving a State 

Implementation Plan (SIP) revision 

submitted by the Montana Department 

of Environmental Quality (MDEQ or 

‘‘the State’’), on January 30, 2024, 

requesting to change the status of 

gasoline requirements (the ‘‘oxygenated 

fuels’’ or ‘‘oxyfuels’’ program) in the 

Missoula, Montana Carbon Monoxide 

(CO) Limited Maintenance Plan (LMP) 

from active control measure to a 

contingency measure. The SIP revision 

contains a non-interference 

demonstration under the Clean Air Act 

(CAA), which concludes that converting 

the oxygenated gasoline program from a 

control measure to a contingency 

measure in the Missoula CO LMP would 

not interfere with attainment or 

maintenance of the CO National 

Ambient Air Quality Standard 

(NAAQS). The EPA is finalizing 

approval of Montana’s SIP submittal 

pursuant the CAA. 

DATES: This rule is effective on February 

18, 2025. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R08–OAR–2023–0473. All 

documents in the docket are listed on 

the http://www.regulations.gov website. 

Although listed in the index, some 

information is not publicly available, 

e.g., CBI or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available through http://

www.regulations.gov, or please contact 

the person identified in the FOR FURTHER

INFORMATION CONTACT section for 

additional availability information. 

FOR FURTHER INFORMATION CONTACT: 

Amrita Singh, Air and Radiation 

Division, EPA, Region 8, Mailcode 

8ARD–IO, 1595 Wynkoop Street, 


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