46986 Federal Register / Vol. 86, No. 160 / Monday, August 23, 2021 / Rules and Regulations 

1 84 FR 39196 (August 9, 2019). 

2 86 FR 12889. 

3 84 FR 39196 (August 9, 2019). 

4 84 FR 39196 (August 9, 2019). 

[FR Doc. 2021–17712 Filed 8–20–21; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2021–0134; FRL–8760–02– 

R9] 

Air Plan Approval; Arizona; Pinal 

County Air Quality Control District 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action to 

approve revisions to the Pinal County 

Air Quality Control District (PCAQCD) 

portion of the Arizona State 

Implementation Plan (SIP). These 

revisions concern the District’s negative 

declarations for the 2008 8-hour ozone 

National Ambient Air Quality Standards 

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

of the Phoenix-Mesa ozone 

nonattainment area under the 

jurisdiction of the PCAQCD and two 

volatile organic compound (VOC) rules 

covering gasoline dispensing and 

surface coating operations. We are 

approving local rules that regulate these 

emission sources under the Clean Air 

Act (CAA or the Act). This approval 

stops all sanction and federal 

implementation plan clocks started by 

our August 9, 2019 partial and limited 

disapproval actions.1

DATES: This rule is effective September 

22, 2021. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R09–OAR–2021–0134. 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 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 

disabilities who needs a reasonable 

accommodation at no cost to you, please 

contact the person identified in the FOR

FURTHER INFORMATION CONTACT section. 

FOR FURTHER INFORMATION CONTACT: 

Nicole Law, EPA Region IX, 75 

Hawthorne St., San Francisco, CA 

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

email at Law.Nicole@epa.gov. 

SUPPLEMENTARY INFORMATION: 

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

and ‘‘our’’ refer to the EPA. 

Table of Contents 

I. Proposed Action 

II. Public Comments and EPA Responses 

III. EPA Action 

IV. Incorporation by Reference 

V. Statutory and Executive Order Reviews 

I. Proposed Action 

On March 5, 2021, 2 the EPA proposed 

to approve negative declarations for the 

2008 8-hour ozone NAAQS in the 

portion of the Phoenix-Mesa ozone 

nonattainment area under the 

jurisdiction of the PCAQCD and the 

following two PCAQCD rules: Chapter 

5, Article 13, Surface Coating 

Operations, and Chapter 5, Article 20, 

Storage and Loading of Gasoline at 

Gasoline Dispensing Facilities. The 

following table lists the documents that 

were submitted by the Arizona 

Department of Environmental Quality 

(AQED) for incorporation into the 

Arizona SIP; these documents were the 

subject of our March 5, 2021 proposed 

rulemaking action and submitted in 

response to our August 9, 2019 partial 

and limited disapproval actions.3

Local agency Rule title Amended Submitted 

PCAQCD ............. Reasonably Available Control Technology (RACT) Analysis, Negative Declaration and 

Rules Adoption—Appendix B: Additional Negative Declarations.

8/5/2020 ......... 8/20/2020 

PCAQCD ............. Chapter 5, Article 13 Surface Coating Operations ............................................................... 8/5/2020 ......... 8/20/2020 

5–13–100, ‘‘General’’.

5–13–200, ‘‘Definitions’’.

5–13–300, ‘‘Standards’’.

5–13–400, ‘‘Administrative Requirements’’.

5–13–500, ‘‘Monitoring and Records’’.

PCAQCD ............. Chapter 5, Article 20 Storage and Loading of Gasoline at Gasoline Dispensing Facilities 8/5/2020 ......... 8/20/2020 

5–20–100 ‘‘General’’.

5–20–200 ‘‘Definitions’’.

5–20–300 ‘‘Standards’’.

5–20–400 ‘‘Administrative Requirements’’.

5–20–500 ‘‘Monitoring and Records’’.

We proposed to approve the negative 

declarations and two rules because we 

determined that they comply with the 

relevant CAA requirements. Our 

proposed action contains more 

information on the negative declarations 

and rules as well as on our evaluation. 

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 these negative declarations 

and rules into the Arizona SIP. 

The August 5, 2020 versions of 

Chapter 5, Article 13 and Chapter 5, 

Article 20 will replace the previously 

approved version of these rules in the 

SIP. This approval stops all sanction 

and federal implementation plan clocks 

started by our August 9, 2019 partial 

and limited disapproval actions on the 

PCAQCD RACT SIP.4


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Federal Register / Vol. 86, No. 160 / Monday, August 23, 2021 / Rules and Regulations 46987 

5 62 FR 27968 (May 22, 1997). 

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 the 

PCAQCD rules described in the 

amendments to 40 CFR part 52 set forth 

below. 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.5 The 

EPA has made, and will continue to 

make, these documents available 

through 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 Clean Air 

Act. 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 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 

• Does not provide the EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable 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). 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. The EPA will 

submit a report containing this action 

and other required information to the 

U.S. Senate, the U.S. House of 

Representatives, and the Comptroller 

General of the United States prior to 

publication of the rule in the Federal 

Register. A major rule cannot take effect 

until 60 days after it is published in the 

Federal Register. 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 October 22, 2021. 

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, 

Nitrogen dioxide, Ozone, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

Dated: July 26, 2021. 

Deborah Jordan, 

Acting Regional Administrator, Region IX. 

Part 52, Chapter I, Title 40 of the Code 

of Federal Regulations is amended as 

follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for Part 52 

continues to read as follows: 

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

Subpart D—Arizona 

■ 2. In § 52.120, in paragraph (c), amend 

Table 9, under ‘‘Chapter 5. Stationary 

Source Performance Standards’’ by 

revising the entries for ‘‘5–13–100’’, ‘‘5– 

13–200’’, ‘‘5–13–300’’, ‘‘5–13–400’’, ‘‘5– 

13–500’’, ‘‘5–20–100’’, ‘‘5–20–200’’, ‘‘5– 

20–300’’, ‘‘5–20–400’’ and ‘‘5–20–500’’. 

The revisions read as follows: 

§ 52.120 Identification of plan. 

* * * * * 

(c) * * * 


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46988 Federal Register / Vol. 86, No. 160 / Monday, August 23, 2021 / Rules and Regulations 

TABLE 9—EPA-APPROVED PINAL COUNTY AIR POLLUTION CONTROL REGULATIONS

County 

citation Title/subject 

State 

effective 

date 

EPA approval 

date Additional explanation 

*******

Chapter 5. Stationary Source Performance Standards 

5–13–100 ....... Surface Coating Operations—General.August 5, 2020 August 23, 2021, [INSERT Federal Register CITATION].The August 5, 2020 version of section 5–13–100 

replaces the November 30, 2016 version that had 

been approved on August 9, 2019 (84 FR 

39196). The RACT rule for Surface Coating Operations consists of Pinal County Air Quality Control District sections 5–13–100, 5–13–200, 5–13– 

300, 5–13–400, and 5–13–500. 

5–13–200 ....... Definitions ....................... August 5, 2020 August 23, 2021, [INSERT Federal Register CITATION].The August 5, 2020 version of section 5–13–200 

replaces the November 30, 2016 version that had 

been approved on August 9, 2019 (84 FR 

39196). The RACT rule for Surface Coating Operations consists of Pinal County Air Quality Control District sections 5–13–100, 5–13–200, 5–13– 

300, 5–13–400, and 5–13–500. 

5–13–300 ....... Standards ........................ August 5, 2020 August 23, 2021, [INSERT Federal Register CITATION].The August 5, 2020 version of section 5–13–300 

replaces the November 30, 2016 version that had 

been approved on August 9, 2019 (84 FR 

39196). The RACT rule for Surface Coating Operations consists of Pinal County Air Quality Control District sections 5–13–100, 5–13–200, 5–13– 

300, 5–13–400, and 5–13–500. Section 5–13– 

390 is not part of the SIP. 

5–13–400 ....... Administrative Requirements.August 5, 2020 August 23, 2021, [INSERT Federal Register CITATION].The August 5, 2020 version of section 5–13–400 

replaces the November 30, 2016 version that had 

been approved on August 9, 2019 (84 FR 

39196). The RACT rule for Surface Coating Operations consists of Pinal County Air Quality Control District sections 5–13–100, 5–13–200, 5–13– 

300, 5–13–400, and 5–13–500. 

5–13–500 ....... Monitoring and Records .. August 5, 2020 August 23, 2021, [INSERT Federal Register CITATION].The August 5, 2020 version of section 5–13–500 

replaces the November 30, 2016 version that had 

been approved on August 9, 2019 (84 FR 

39196). The RACT rule for Surface Coating Operations consists of Pinal County Air Quality Control District sections 5–13–100, 5–13–200, 5–13– 

300, 5–13–400, and 5–13–500. 

* * * * * * * 

5–20–100 ....... Storage and Loading of 

Gasoline at Gasoline 

Dispensing Facilities— 

General.

August 5, 2020 August 23, 2021, [INSERT Federal Register CITATION].The August 5, 2020 version of section 5–20–100 

replaces the November 30, 2016 version that had 

been approved on August 9, 2019 (84 FR 

39196). The RACT rule for Storage and Loading 

of Gasoline at Gasoline Dispensing Facilities 

consists of Pinal County Air Quality Control District sections 5–20–100, 5–20–200, 5–20–300, 5– 

20–400, and 5–20–500. 

5–20–200 ....... Definitions ....................... August 5, 2020 August 23, 2021, [INSERT Federal Register CITATION].The August 5, 2020 version of section 5–20–200 

replaces the November 30, 2016 version that had 

been approved on August 9, 2019 (84 FR 

39196). The RACT rule for Storage and Loading 

of Gasoline at Gasoline Dispensing Facilities 

consists of Pinal County Air Quality Control District sections 5–20–100, 5–20–200, 5–20–300, 5– 

20–400, and 5–20–500. 

5–20–300 ....... Standards ........................ August 5, 2020 August 23, 2021, [INSERT Federal Register CITATION].The August 5, 2020 version of section 5–20–300 

replaces the November 30, 2016 version that had 

been approved on August 9, 2019 (84 FR 

39196). The RACT rule for Storage and Loading 

of Gasoline at Gasoline Dispensing Facilities 

consists of Pinal County Air Quality Control District sections 5–20–100, 5–20–200, 5–20–300, 5– 

20–400, and 5–20–500. 


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Federal Register / Vol. 86, No. 160 / Monday, August 23, 2021 / Rules and Regulations 46989 

TABLE 9—EPA-APPROVED PINAL COUNTY AIR POLLUTION CONTROL REGULATIONS—Continued 

County 

citation Title/subject 

State 

effective 

date 

EPA approval 

date Additional explanation 

5–20–400 ....... Administrative Requirements.August 5, 2020 August 23, 2021, [INSERT Federal Register CITATION].The August 5, 2020 version of section 5–20–400 

replaces the November 30, 2016 version that had 

been approved on August 9, 2019 (84 FR 

39196). The RACT rule for Storage and Loading 

of Gasoline at Gasoline Dispensing Facilities 

consists of Pinal County Air Quality Control District sections 5–20–100, 5–20–200, 5–20–300, 5– 

20–400, and 5–20–500. 

5–20–500 ....... Monitoring and Records .. August 5, 2020 August 23, 2021, [INSERT Federal Register CITATION].The August 5, 2020 version of section 5–20–500 

replaces the November 30, 2016 version that had 

been approved on August 9, 2019 (84 FR 

39196). The RACT rule for Storage and Loading 

of Gasoline at Gasoline Dispensing Facilities 

consists of Pinal County Air Quality Control District sections 5–20–100, 5–20–200, 5–20–300, 5– 

20–400, and 5–20–500. 

* * * * * * * 

* * * * * 

■ 3. Section 52.122 is amended by 

adding paragraph (a)(2)(ii) to read as 

follows: 

§ 52.122 Negative declarations. 

* * * * * 

(a) * * * 

(2) * * * 

(ii) The following negative 

declarations for the 2008 ozone NAAQS 

were adopted on August 5, 2020 and 

submitted on August 20, 2020. 

EPA document No. Title 

EPA–450/2–77–037 ............ Cutback Asphalt. 

EPA 453/R–08–003 ............ Miscellaneous Metal Parts Coatings Tables 3–6 Plastic Parts and Products; Automotive/Transportation and Business Machine Plastic Parts; Pleasure Craft Surface Coatings; Motor Vehicle Materials. 

EPA 453/B–16–001 ............ Control Techniques Guidelines for the Oil and Natural Gas Industry. 

N/A ...................................... Major non CTG VOC sources. 

N/A ...................................... Major NOX sources. 

§ 52.124 [Amended] 

■ 4. Section 52.124 is amended by 

removing and reserving paragraph (b). 

[FR Doc. 2021–16862 Filed 8–20–21; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 62 

[EPA–R02–OAR–2020–0431, FRL–8851–02– 

Region 2] 

Approval and Promulgation of State 

Plans for Designated Facilities; New 

York; Revision to Section 111(d) State 

Plan for MSW Landfills 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving a revision to 

New York’s section 111(d) state plan 

(the ‘‘State Plan’’) for Municipal Solid 

Waste (MSW) landfills, pursuant to the 

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

The State Plan revision consists of 

amendments to ‘‘Landfill Gas Collection 

and Control Systems for Certain 

Municipal Solid Waste Landfills,’’ as 

well as attendant revisions to the 

‘‘General Provisions.’’ New York has 

implemented this regulation to 

incorporate by reference the revised 

Emission Guideline (EG) promulgated 

by the EPA for existing MSW landfills 

on August 29, 2016. The purpose of the 

revised Emission Guideline is to reduce 

emissions of landfill gas containing 

Non-methane Organic Compounds 

(NMOC) and methane by lowering the 

emission threshold at which an existing 

MSW landfill must install and operate 

a Gas Collection and Control System 

(GCCS). The emissions threshold 

reduction will address air emissions 

from all affected MSW landfills, 

including NMOC and methane. The 

reduction of emissions will improve air 

quality and protect the public health 

from exposure to landfill gas emissions. 

DATES: This final rule is effective on 

September 22, 2021. The incorporation 

by reference of certain material listed in 

the rule is approved by the Director of 

the Federal Register September 22, 

2021. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R02–OAR–2020–0431. 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., confidential business information 

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 

www.regulations.gov, or please contact 

the person identified in the FOR FURTHER

INFORMATION CONTACT section for 

additional available information. 

FOR FURTHER INFORMATION CONTACT: 

Fausto Taveras, Environmental 

Protection Agency, Region 2, 290 

Broadway, New York, New York 10007– 

1866, at (212) 637–3378, or by email at 

Taveras.Fausto@epa.gov. 


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