[Federal Register Volume 78, Number 171 (Wednesday, September 4, 2013)]
[Rules and Regulations]
[Pages 54394-54396]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-21366]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2013-0449; FRL-9900-58-Region9]


Determination of Attainment for the West Central Pinal 
Nonattainment Area for the 2006 Fine Particle Standard; Arizona; 
Determination Regarding Applicability of Clean Air Act Requirements

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is taking final action to determine that the West Central 
Pinal nonattainment area in Arizona has attained the 2006 24-hour fine 
particle (PM2.5) National Ambient Air Quality Standard 
(NAAQS). This determination is based upon complete, quality-assured, 
and certified ambient air monitoring data showing that this area has 
monitored attainment of the 2006 24-hour PM2.5 NAAQS based 
on the 2010-2012 monitoring period. Based on the above determination, 
the requirements for this area to submit an attainment demonstration, 
together with reasonably available control measures (RACM), a 
reasonable further progress (RFP) plan, and contingency measures for 
failure to meet RFP and attainment deadlines are suspended for so long 
as the area continues to attain the 2006 24-hour PM2.5 
NAAQS.

DATES: Effective Date: This rule is effective on October 4, 2013.

ADDRESSES: EPA has established docket number EPA-R09-OAR-2013-0449 for 
this action. Generally, documents in the docket for this action are 
available electronically at www.regulations.gov and in hard copy at EPA 
Region IX, 75 Hawthorne Street, San Francisco, California. While all 
documents in the docket are listed at www.regulations.gov, some 
information may be publicly available only at the hard copy location 
(e.g., copyrighted material, large maps, multi-volume reports), and 
some may not be publicly available in either location (e.g., 
Confidential Business Information). To inspect the hard copy materials, 
please schedule an appointment during normal business hours with the 
contact listed in the FOR FURTHER INFORMATION CONTACT section.

FOR FURTHER INFORMATION CONTACT: Ginger Vagenas, (415) 972-3964, or by 
email at [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document, wherever ``we'', 
``us'' or ``our'' are used, we mean EPA.

Table of Contents

I. Summary of Proposed Action
II. Public Comments and EPA Responses
III. EPA's Final Action
IV. Statutory and Executive Order Reviews

I. Summary of Proposed Action

    On July 12, 2013 (78 FR 41901), EPA proposed to determine that the 
West Central Pinal nonattainment area \1\ has attained the 2006 24-hour 
NAAQS \2\ for

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fine particles (generally referring to particles less than or equal to 
2.5 micrometers in diameter, PM2.5).
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    \1\ Covering approximately 460 square miles, the West Central 
Pinal PM2.5 nonattainment area is located within Pinal 
County, Arizona.
    \2\ The 2006 24-hour PM2.5 NAAQS is 35 micrograms per 
cubic meter ([micro]g/m\3\), based on a 3-year average of the 98th 
percentile of 24-hour concentrations.
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    In our proposed rule, we explained that in making an attainment 
determination, EPA relies on complete, quality-assured, and certified 
data gathered at a State and Local Air Monitoring Station(s) (SLAMS) 
and entered into EPA's Air Quality System (AQS) database. Under 40 CFR 
50.13 (``National primary and secondary ambient air quality standards 
for PM2.5'') and appendix N to 40 CFR part 50 
(``Interpretation of the National Ambient Air Quality Standards for 
PM2.5''), the 2006 PM2.5 NAAQS is met when each 
monitoring site in the area has a design value at or below the 
standard.
    EPA proposed the determination of attainment for the West Central 
Pinal area based upon a review of the monitoring network operated by 
the Pinal County Air Quality Control Department (PCAQCD) and the data 
collected at the monitoring site operating during the most recent 
complete three-year period (i.e., 2010 to 2012). Based on this review, 
EPA found that complete, quality-assured and certified data for the 
West Central Pinal area showed that the 24-hour design value for the 
2009-2011 period was equal to or less than 35 [micro]/m\3\ at the 
monitoring site. See the data summary table on page 41904 of the July 
12, 2013 proposed rule. We also noted that preliminary data available 
in AQS for 2013 indicates that the West Central Pinal area continues to 
attain the NAAQS.
    In conjunction with and based upon our proposed determination that 
West Central Pinal has attained and is currently attaining the 
standard, EPA also proposed to determine that the obligation under the 
Clean Air Act (CAA) to submit the following attainment-related planning 
requirements is not applicable for so long as the area continues to 
attain the 2006 PM2.5 NAAQS: The part D, subpart 4 
obligations to provide an attainment demonstration pursuant to section 
189(a)(1)(B), the RACM provisions of section 189(a)(1)(C), the RFP 
provisions of section 189(c), and related attainment demonstration, 
RACM, RFP and contingency measure provisions requirements of subpart 1, 
section 172. In doing so, we proposed to apply EPA's Clean Data Policy 
to the 2006 PM2.5 NAAQS to suspend the attainment-related 
SIP submittal obligations under subparts 1 and 4 of part D (of title I 
of the CAA), if the West Central Pinal nonattainment area were 
considered a moderate nonattainment area under subpart 4. See pages 
41904-41906 of our July 12, 2013 proposed rule. In proposing to apply 
the Clean Data Policy to the 2006 PM2.5 NAAQS, we explained 
that we are applying the same statutory interpretation with respect to 
the implications of clean data determinations that the Agency has long 
applied in regulations for the 1997 8-hour ozone and PM2.5 
NAAQS and in individual rulemakings for the 1-hour ozone, coarse 
particle (PM10) and lead NAAQS.
    Please see the July 12, 2013 proposed rule for more detailed 
information concerning the PM2.5 NAAQS, designations of 
PM2.5 nonattainment areas, the regulatory basis for 
determining attainment of the NAAQS, PCAQCD's PM2.5 
monitoring network, EPA's review and evaluation of the data, and the 
rationale and implications for application of the Clean Data Policy to 
the 2006 PM2.5 NAAQS.

II. Public Comments and EPA Responses

    EPA's proposed rule provided a 30-day public comment period. During 
this period, we did not receive any comments.

III. EPA's Final Action

    For the reasons provided in the proposed rule and summarized 
herein, EPA is taking final action to determine that the West Central 
Pinal nonattainment area in Pinal County, Arizona has attained the 2006 
24-hour PM2.5 NAAQS based on the most recent three years of 
complete, quality-assured, and certified data in AQS for 2010-2012. 
Preliminary 2013 data available in AQS show that this area continues to 
attain the standard.
    EPA is also taking final action, based on the above determination 
of attainment, to suspend the requirements for the West Central Pinal 
nonattainment area to submit an attainment demonstration pursuant to 
section 189(a)(1)(B), the RACM provisions of section 189(a)(1)(C), the 
RFP provisions of section 189(c), and related attainment demonstration, 
RACM, RFP and contingency measure provisions requirements of subpart 1, 
section 172 for so long as the area continues to attain the 2006 
PM2.5 NAAQS. EPA's final action is consistent and in keeping 
with its long-held interpretation of CAA requirements, as well as with 
EPA's regulations for similar determinations for ozone (see 40 CFR 
51.918) and the 1997 fine particulate matter standards (see 40 CFR 
51.1004(c)).
    Today's final action does not constitute a redesignation of the 
West Central Pinal nonattainment area to attainment for the 2006 24-
hour PM2.5 NAAQS under CAA section 107(d)(3) because we have 
not yet approved a maintenance plan for the West Central Pinal 
nonattainment area as meeting the requirements of section 175A of the 
CAA or determined that the area has met the other CAA requirements for 
redesignation. The classification and designation status in 40 CFR part 
81 remain nonattainment for this area until such time as EPA determines 
that Arizona has met the CAA requirements for redesignating the West 
Central Pinal nonattainment area to attainment.
    If the West Central Pinal nonattainment area continues to monitor 
attainment of the 2006 PM2.5 NAAQS, the requirements for the 
area to submit an attainment demonstration and associated RACM, a RFP 
plan, contingency measures, and any other planning requirements related 
to attainment of the 2006 PM2.5 NAAQS will remain suspended. 
If after today's action EPA subsequently determines, after notice-and-
comment rulemaking in the Federal Register, that the area has violated 
the 2006 PM2.5 NAAQS, the basis for the suspension of the 
attainment planning requirements for the area would no longer exist, 
and the area would thereafter have to address such requirements.

IV. Statutory and Executive Order Reviews

    This final action makes a determination of attainment based on air 
quality and suspends certain federal requirements, and thus, this 
action would not impose additional requirements beyond those imposed by 
state law. For this reason, the final action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     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);

[[Page 54396]]

     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 CAA; and
     Does not provide 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, this final action does not have tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because the SIP obligations discussed herein do not apply to Indian 
Tribes, and thus this action will not impose substantial direct costs 
on tribal governments or preempt tribal law.
    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. 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 CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by November 4, 2013. 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, Nitrogen oxides, Particulate matter, Reporting and 
recordkeeping requirements, Sulfur oxides.

    Dated: August 22, 2013.
Jared Blumenfeld,
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

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

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

Subpart D--Arizona

0
2. Section 52.131 is amended by adding paragraph (b) to read as 
follows:


Sec.  52.131  Control Strategy and regulations: Fine Particle Matter.

* * * * *
    (b) Determination of Attainment: Effective October 4, 2013, EPA has 
determined that, based on 2010 to 2012 ambient air quality data, the 
West Central Pinal PM2.5 nonattainment area has attained the 
2006 24-hour PM2.5 NAAQS. This determination suspends the 
requirements for this area to submit an attainment demonstration, 
associated reasonably available control measures, a reasonable further 
progress plan, contingency measures, and other planning SIPs related to 
attainment for as long as this area continues to attain the 2006 24-
hour PM2.5 NAAQS. If EPA determines, after notice-and-
comment rulemaking, that this area no longer meets the 2006 
PM2.5 NAAQS, the corresponding determination of attainment 
for that area shall be withdrawn.

[FR Doc. 2013-21366 Filed 9-3-13; 8:45 am]
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