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[Federal Register Volume 90, Number 10 (Thursday, January 16, 2025)]
[Rules and Regulations]
[Pages 4652-4655]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-31701]

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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.

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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 [email protected].

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       06/23/21     06/30/21
                                                 Control Technology (RACT)
                                                 Certification for Volatile Organic
                                                 Compound (VOC) Emissions from
                                                 Aerospace Manufacturing and Rework
                                                 Operations In Maricopa County June
                                                 2021.
MCAQD.........................................  Rule 336 Surface Coating Operations        09/01/21     09/17/21
                                                 and Industrial Adhesive Application
                                                 Processes.
MCAQD.........................................  Negative Declarations for Three            09/01/21     09/17/21
                                                 Coating Categories Listed in the 2008
                                                 Control Techniques Guidelines for
                                                 Miscellaneous Metal and Plastic Parts
                                                 Coatings.
----------------------------------------------------------------------------------------------------------------

    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.

[[Page 4653]]

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\
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    \1\ 86 FR 971 (January 7, 2021).
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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).
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    \2\ 62 FR 27968 (May 22, 1997).
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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

0
1. The authority citation for part 52 continues to read as follows:

[[Page 4654]]

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

Subpart D--Arizona

Sec.  52.119  [Amended]

0
2. In Sec.  52.119, remove and reserve paragraph (c)(3).

0
3. In Sec.  52.120:
0
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
0
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:

Sec.  52.120  Identification of plan.

* * * * *
    (c) * * *

            Table 4 to Paragraph (c)--EPA-Approved Maricopa County Air Pollution Control Regulations
----------------------------------------------------------------------------------------------------------------
                                                                                                 Additional
   County citation        Title/subject       State effective date    EPA approval date         explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
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                                        Post-July 1998 Rule Codification
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                   Regulation III--Control of Air Contaminants
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
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Rule 336............  Surface Coating        9/1/2021.............  1/16/2025, [INSERT     Submitted
                       Operations and                                FIRST PAGE OF          electronically on
                       Industrial Adhesive                           FEDERAL REGISTER       September 17, 2021,
                       Application                                   CITATION].             as an attachment to
                       Processes.                                                           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\
----------------------------------------------------------------------------------------------------------------
                                      Applicable
                                     geographic or      State submittal
      Name of SIP provision       nonattainment area         date          EPA approval date      Explanation
                                   or title/subject
----------------------------------------------------------------------------------------------------------------
                         The State of Arizona Air Pollution Control Implementation Plan
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                     Part D Elements and Plans for the Metropolitan Phoenix and Tucson Areas
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                                                  * * * * * * *
Analysis of Reasonably Available  Maricopa County     June 22, 2017;      January 7, 2021,    Except for those
 Control Technology (RACT) for     portion of          Supplemented on     86 FR 971; and 1/   portions approved
 the 2008 8-Hour Ozone National    Phoenix-Mesa        September 17,       16/2025, [INSERT    on 2/26/2020. The
 Ambient Air Quality Standard      nonattainment       2021.               FIRST PAGE OF       RACT requirement
 (NAAQS) State Implementation      area for 2008 8-                        FEDERAL REGISTER    for major sources
 Plan (SIP).                       hour ozone NAAQS.                       CITATION].          of NOX was
                                                                                               approved on
                                                                                               February 7, 2023.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
\1\ Table 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.

* * * * *

0
4. In Sec.  52.122, revise paragraph (a)(3)(i) to read as follows:

Sec.  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.

[[Page 4655]]

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                                                                             Adopted: 05/24/    Adopted: 09/01/
                                                                            2017 Submitted: 6/  2021 Submitted:
              EPA document No.                           Title                 22/2017 SIP       09/17/2021 SIP
                                                                             approved: 01/07/   approved: 1/16/
                                                                                   2021               2025
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(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                            X
                                              Automobiles and Light-Duty
                                              Trucks.
(D) EPA-450/2-77-025.......................  Refinery Vacuum Producing                     X
                                              Systems, Wastewater
                                              Separators, and Process Unit
                                              Turnarounds.
(E) EPA-450/2-77-032.......................  Surface Coating of Metal                      X
                                              Furniture.
(F) EPA-450/2-77-033.......................  Surface Coating of Insulation                 X
                                              of Magnet Wire.
(G) EPA-450/2-77-034.......................  Surface Coating of Large                      X
                                              Appliances.
(H) EPA-450/2-77-037.......................  Cutback Asphalt..............                 X
(I) EPA-450/2-78-029.......................  Manufacture of Synthesized                    X
                                              Pharmaceutical Products.
(J) EPA-450/2-78-030.......................  Manufacture of Pneumatic                      X
                                              Rubber Tires.
(K) EPA-450/2-78-032.......................  Factory Surface Coating of                    X
                                              Flat Wood Paneling.
(L) EPA-450/2-78-036.......................  Leaks from Petroleum Refinery                 X
                                              Equipment.
(M) EPA-450/3-82-009.......................  Large Petroleum Dry Cleaners.                 X
(N) EPA-450/3-83-006.......................  Leaks from Synthetic Organic                  X
                                              Chemical Polymer and Resin
                                              Manufacturing Equipment.
(O) EPA-450/3-83-007.......................  Leaks from Natural Gas/                       X
                                              Gasoline Processing Plants.
(P) EPA-450/3-83-008.......................  Manufacture of High-Density                   X
                                              Polyethylene, Polypropylene,
                                              and Polystyrene Resins.
(Q) EPA-450/3-84-015.......................  Air Oxidation Processes in                    X
                                              Synthetic Organic Chemical
                                              Manufacturing Industry.
(R) EPA-450/4-91-031.......................  Reactor Processes and                         X
                                              Distillation Operations in
                                              Synthetic Organic Chemical
                                              Manufacturing Industry.
(S) EPA-453/R-94-032.......................  ACT Surface Coating at                        X
                                              Shipbuilding and Ship Repair
                                              Facilities; Shipbuilding and
                                              Ship Repair Operations
                                              (Surface Coating), see the
                                              Federal Register of 08/27/
                                              1996.
(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                         X
                                              Coatings.
(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        .................                 X
                                              Plastic Parts Coatings;
                                              Table 4--Automotive/
                                              Transportation and Business
                                              Machine Plastic Parts.
(Z) EPA 453/R-08-003.......................  Miscellaneous Metal and        .................                 X
                                              Plastic Parts Coatings;
                                              Table 6--Motor Vehicle
                                              Materials.
(AA) EPA 453/R-08-004......................  Fiberglass Boat Manufacturing                 X
                                              Materials.
(BB) EPA 453/R-08-006......................  Automobile and Light-Duty                     X
                                              Truck Assembly Coatings.
(CC) EPA 453/B16-001.......................  Oil and Natural Gas Industry.                 X
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* * * * *

Sec.  52.124  [Amend]

0
5. In Sec.  52.124, remove and reserve paragraph (b).
* * * * *
[FR Doc. 2024-31701 Filed 1-15-25; 8:45 am]
BILLING CODE 6560-50-P
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