[Federal Register Volume 80, Number 26 (Monday, February 9, 2015)]
[Rules and Regulations]
[Pages 6907-6908]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-02490]



40 CFR Part 52

[EPA-R09-OAR-2014-0450; FRL-9922-74-Region 9]

Revision to the Arizona State Implementation Plan; Nogales 
Nonattainment Area; Fine Particulate Matter Emissions Inventories

AGENCY: Environmental Protection Agency.

ACTION: Final rule.


SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to approve revisions to the Arizona State Implementation Plan 
(SIP) concerning the Nogales fine particle (PM2.5) 
nonattainment area 2008 and 2010 emissions inventories. These emission 
inventories were submitted for the 2006 24-hour fine particle 
(PM2.5) National Ambient Air Quality Standard (NAAQS). We 
are approving these annual emissions inventories under the Clean Air 
Act (CAA or the Act).

DATES: This rule will be effective on March 11, 2015.

ADDRESSES: EPA has established docket number EPA-R09-OAR-2014-0450 for 
this action. In most cases, documents in the docket for this action are 
available electronically at http://www.regulations.gov or in hard copy 
at EPA Region IX, 75 Hawthorne Street, San Francisco, California 94105-
3901. While all documents in the docket are listed at http://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 available in either location 
(e.g., confidential business information (CBI)). To inspect the hard 
copy materials, please schedule an appointment during normal business 
hours with the contact listed in the FOR FURTHER INFORMATION CONTACT 

947-4111, [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,'' 
and ``our'' refer to EPA.

Table of Contents

I. Proposed Action
II. Public Comments
III. EPA Action
IV. Statutory and Executive Order Reviews

I. Proposed Action

    On September 2, 2014, EPA proposed to approve and incorporate into 
the Arizona State Implementation Plan (SIP) the PM2.5 
emissions inventories for the Nogales nonattainment area titled 
``Arizona State Implementation Plan Revision for the Nogales 
PM2.5 Nonattainment Area'' (79 FR 51923). Submitted by 
Arizona on September 6, 2013, the Nogales area emissions inventories 
provide annual 2008 and 2010 emissions estimates (tons per year) for 
PM2.5 and PM2.5 precursors (i.e., nitrogen oxides 
(NOX), volatile organic compounds (VOCs), sulfur dioxide 
(SO2), and ammonia (NH3)). The source categories 
include non-road mobile sources, non-point sources, on-road mobile 
sources, and point or stationary sources. The detailed Nogales 
emissions inventories are found in Appendix A of Arizona's submittal.
    We proposed to approve this revision to the Arizona SIP because we 
determined that it complied with the relevant CAA requirements. EPA's 
requirements for an emissions inventory for the PM2.5 NAAQS 
are set forth in 40 CFR 51.1008.1 2 We reviewed the results, 
procedures, and methodologies Arizona used to produce the 2008 and 2010 
Nogales area PM2.5 and PM2.5 precursor emissions 
inventories and found that these emissions inventories meet the 
requirements of the CAA and EPA guidance. Consequently, we proposed to 
approve the submitted PM2.5, NH3, NOX, 
SO2, and VOC emissions inventories as meeting the CAA's 
section 172(c)(3) requirement to provide a comprehensive, accurate, and 
current inventory of actual emissions for the Nogales nonattainment 

    \1\ 1 40 CFR 51.1008 (a)(2) and (b) do not apply for the Nogales 
area because they relate to requirements for attainment 
demonstrations and reasonable further progress (RFP); these 
requirements were suspended for the Nogales PM2.5 
nonattainment area so long as the area continues to meet the 
PM2.5 standard. For further discussion of our Clean Data 
Policy as applied to the Nogales area, refer to our proposed rule 
(77 FR 65656, October 30, 2012) and final rule (78 FR 887, January 
7, 2013).
    \2\ Although the U.S. Court of Appeals for the District of 
Columbia (D.C. Circuit) recently remanded this rule and directed EPA 
to re-promulgate it pursuant to subpart 4 of part D, title I of the 
CAA (see Natural Resources Defense Council v. EPA, 706 F.3d 428 
(D.C. Cir. 2013)), the court's ruling in this case does not affect 
EPA's action on these emissions inventories. Subpart 4 of part D, 
title I of the Act contains no specific provision governing 
emissions inventories for PM10 or PM2.5 
nonattainment areas that supersedes the general emissions inventory 
requirement for all nonattainment areas in CAA section 172(c)(3). 
See ``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).

    Our proposed action provides more information on Arizona's 
PM2.5 emissions inventories submittal and our evaluation (79 
FR 51923, September 2, 2014).

[[Page 6908]]

II. Public Comments

    EPA provided a 30-day public comment period as part of our proposed 
action on the 2008 and 2010 Nogales area PM2.5 and 
PM2.5 precursor pollutant emissions inventories submitted by 
Arizona. We received no comments on our proposal.

III. EPA Action

    EPA is taking final action to approve the 2008 and 2010 Nogales 
nonattainment area PM2.5 and PM2.5 precursor 
pollutant emissions inventories submitted by Arizona and incorporate 
them into the SIP, as authorized in section 110(k)(3) of the CAA. We 
determined that Arizona's submittal is consistent with sections 110 and 
172(c)(3) of the CAA.

IV. 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, EPA's role is to approve State 
choices, provided that they meet the criteria of the Clean Air Act. 
Accordingly, this action merely approves these emissions inventories as 
meeting Federal requirements and does not impose additional 
requirements beyond those imposed by State law. For that reason, this 
     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);
     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 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).
    This SIP is not approved to apply on any Indian reservation land or 
in any other area where 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. 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. 
    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 April 10, 2015. 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, Particulate 
matter, Reporting and recordkeeping requirements, Sulfur oxides, 
Ammonia, Volatile organic compounds.

    Dated: January 23, 2015.
Jared Blumenfeld,
Regional Administrator, Region IX.

    Part 52, Chapter I, Title 40 of the Code of Federal Regulations is 
amended as follows:


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

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

Subpart D--Arizona

2. Section 52.120 is amended by adding paragraph (c)(164) to read as 

Sec.  52.120  Identification of plan.

* * * * *
    (c) * * *
    (164) A plan revision was submitted on September 6, 2013 by the 
Governor's Designee.
    (i) [Reserved]
    (ii) Additional materials.
    (A) Arizona Department of Environmental Quality.
    (1) ``Arizona State Implementation Plan Revision for the Nogales 
PM2.5 Nonattainment Area'', dated September 2013, including 
appendices A and B.

[FR Doc. 2015-02490 Filed 2-6-15; 8:45 am]