[Federal Register Volume 84, Number 80 (Thursday, April 25, 2019)]
[Proposed Rules]
[Pages 17368-17371]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-08309]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2019-0068; FRL-9992-70-Region 9]


Determination of Attainment by the Attainment Date; 2006 24-Hour 
Fine Particulate Matter National Ambient Air Quality Standard; Pinal 
County, Arizona

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
determine that the West Central Pinal County nonattainment area 
attained the 2006 24-hour national ambient air quality standard (NAAQS) 
for particulate matter with a diameter of 2.5 micrometers or smaller 
(PM2.5 or ``fine particulate matter'') by December 31, 2017, 
the statutory attainment date for the area. The proposal is based on 
the three-year average of annual 98th percentile 24-hour concentrations 
for the 2015-2017 period, using complete, quality-assured, and 
certified PM2.5 monitoring data.

DATES: Written comments must arrive on or before May 28, 2019.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2019-0068 at https://www.regulations.gov. For comments submitted at 
Regulations.gov, follow the online instructions for submitting 
comments. Once submitted, comments cannot be edited or removed from 
Regulations.gov. The EPA may publish any comment received to its public 
docket. Do not submit electronically any information you consider to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Multimedia submissions (audio, 
video, etc.) must be accompanied by a written comment. The written 
comment is considered the official comment and should include 
discussion of all points you wish to make. The EPA will generally not 
consider comments or comment contents located outside of the primary 
submission (i.e., on the web, cloud, or other file sharing system). For 
additional submission methods, please contact the person identified in 
the FOR FURTHER INFORMATION CONTACT section. For the full EPA public 
comment policy, information about CBI or multimedia submissions, and 
general guidance on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Jerry Wamsley, EPA Region IX, (415) 
947-4111, [email protected].

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

Table of Contents

I. Background and Regulatory Context
II. Criteria for Determining That an Area Has Attained the 2006 24-
Hour PM2.5 NAAQS
III. The EPA's Proposed Action and Associated Rationale
    A. Data Completeness, Network Review, and Certification of Data
    B. State and Local Air Monitoring Stations Site Replacement
    C. Determination of Attainment
IV. Summary of Our Proposed Action
V. Statutory and Executive Order Reviews

I. Background and Regulatory Context

    This proposed action is related to the ongoing efforts of states 
and the EPA to implement the PM2.5 NAAQS. Since the EPA's 
initial promulgation of the NAAQS to address fine particulate matter, 
there have been significant rulemaking and litigation developments that 
affect these ongoing efforts. To clarify the proper application of the 
statutory and regulatory requirements to this action, the EPA is 
providing a detailed explanation of PM2.5 implementation 
efforts, nationally and in West Central Pinal County, Arizona.
    On July 18, 1997, the EPA established the first NAAQS for 
PM2.5 (``the 1997 PM2.5 Standards''), including 
an annual standard of 15.0 micrograms per cubic meter ([micro]g/m\3\) 
based on a three-year average of annual mean PM2.5 
concentrations, and a 24-hour (or daily) standard of 65 [micro]g/m\3\ 
based on a three-year average of the 98th percentile of 24-hour 
concentrations.\1\ The EPA established the 1997 PM2.5 
Standards based on significant evidence and numerous health studies 
demonstrating the serious health effects associated with exposures to 
PM2.5. To provide guidance on the Clean Air Act (CAA) 
requirements for state and tribal implementation plans to implement the 
1997 PM2.5 Standards, the EPA promulgated the ``Final Clean 
Air Fine Particle Implementation Rule'' in October 2007 (hereinafter, 
the ``2007 PM2.5 Implementation Rule'').\2\ The Natural 
Resources Defense Council (NRDC) subsequently filed a petition for 
review challenging certain aspects of this rule.
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    \1\ 62 FR 38652 (July 18, 1997).
    \2\ 72 FR 20586 (April 25, 2007).
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    On October 17, 2006, the EPA strengthened the 24-hour 
PM2.5 NAAQS by revising it to 35 [micro]g/m\3\ and retained 
the level of the annual PM2.5 standard at 15.0 [micro]g/
m\3\.\3\ Following promulgation of a new or revised NAAQS, the EPA is 
required by the CAA to promulgate designations for areas throughout the 
U.S. in accordance with section 107(d)(1) of the CAA. On November 13, 
2009, the EPA designated 31 areas across the U.S. with respect to the 
revised 2006 24-hour PM2.5 NAAQS, requiring states to 
prepare and submit attainment plans to meet those NAAQS.\4\ At the time 
of the 2009 designations, the states and the EPA were operating under 
the interpretations of the CAA set forth in the 2007 PM2.5 
Implementation Rule, which covered issues such as the timing of 
attainment plan submissions, the content of attainment plan 
submissions, and the relevant attainment dates. The EPA deferred making 
a PM2.5 designation for Pinal County, Arizona in its 
November 13, 2009 designations action.
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    \3\ 71 FR 61144 (October 17, 2006).
    \4\ 74 FR 58688 (November 13, 2009).
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    On February 3, 2011, the EPA designated a portion of state lands in 
Pinal County, Arizona (``West Central Pinal County'') as nonattainment 
for the 2006 PM2.5 NAAQS based on 2006-2008 data.\5\ For 
more information on our designation of West Central Pinal County, see 
the February 3, 2011 final rule.\6\ On October 26, 2012, the EPA 
designated nearby areas of Indian country of the Ak-Chin Indian 
Community and the Gila River Indian Community, which lie within the 
2009 deferred area, as ``unclassifiable/attainment'' for the 2006 
PM2.5 NAAQS based on improved air quality.\7\ These areas of 
Indian country are not addressed in this proposal.
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    \5\ 76 FR 6056 (February 3, 2011).
    \6\ The boundaries for the West Central Pinal County 
nonattainment area are described in 40 CFR 81.303.
    \7\ 77 FR 65310 (October 26, 2012).
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    On March 2, 2012, the EPA issued its ``Implementation Guidance for 
the 2006 24-Hour Fine Particle (PM2.5) National Ambient Air 
Quality Standards'' to provide guidance to states on the development of 
attainment plans to demonstrate attainment with the 2006 24-hour 
PM2.5 NAAQS (``March 2012 Implementation Guidance'').\8\ 
This

[[Page 17369]]

guidance largely instructed states to rely on the 2007 PM2.5 
Implementation Rule in developing plans to demonstrate attainment of 
the 2006 24-hour PM2.5 NAAQS. The EPA based the 2007 
PM2.5 Implementation Rule on the requirements of subpart 1, 
part D of title I of the CAA (``subpart 1'').
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    \8\ Memorandum dated March 2, 2012, from Stephen D. Page, 
Director, Office of Air Quality Planning and Standards, to EPA 
Regional Air Directors, Regions I-X, ``Implementation Guidance for 
the 2006 24-Hour Fine Particle (PM2.5) National Ambient 
Air Quality Standards.'' This guidance was withdrawn June 6, 2013.
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    On January 4, 2013, the U.S. Court of Appeals for the D.C. Circuit 
issued its decision regarding the NRDC's legal challenge to the EPA's 
2007 PM2.5 Implementation Rule.\9\ In NRDC v. EPA, the court 
held that the EPA erred in implementing the 1997 PM2.5 NAAQS 
pursuant only to the general implementation requirements of subpart 1, 
rather than also to the implementation requirements specific to coarse 
particulate matter (PM10) in subpart 4, part D of title I of 
the CAA (``subpart 4''). The court reasoned that the plain meaning of 
the CAA requires implementation of the 1997 PM2.5 NAAQS 
under subpart 4 because PM2.5 falls within the statutory 
definition of PM10; consequently, implementation of the 
PM2.5 NAAQS is subject to the same statutory requirements as 
the PM10 NAAQS. The court remanded the rule and instructed 
the EPA ``to repromulgate these rules pursuant to Subpart 4 consistent 
with this opinion.'' \10\
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    \9\ NRDC v. EPA, 706 F. 3d 428 (D.C. Cir. 2013).
    \10\ Id. at 437.
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    Given the result of the NRDC v. EPA decision, the EPA withdrew its 
March 2012 Implementation Guidance for implementation of the 2006 24-
hour PM2.5 NAAQS. When withdrawing this guidance, the EPA 
advised states that the statutory requirements of subpart 4 apply to 
attainment plans for these NAAQS and reminded states about pre-existing 
EPA guidance regarding subpart 4 requirements. One practical 
consequence of the application of subpart 4 to states with areas 
designated nonattainment for the 2006 24-hour PM2.5 NAAQS is 
that the applicable statutory attainment date is governed by CAA 
section 188(c), which states that for areas classified as Moderate, the 
statutory attainment date is ``as expeditiously as practicable, but no 
later than the end of the sixth calendar year after the area's 
designation as nonattainment.''
    Consistent with the NRDC v. EPA decision, the EPA published a final 
rule on June 2, 2014, classifying all areas that were designated 
nonattainment for the 1997 and/or 2006 PM2.5 standards at 
the time as Moderate under subpart 4.\11\ The EPA also established a 
due date of December 31, 2014, for states to submit state 
implementation plan (SIP) revisions related to attainment and 
nonattainment new source review required for these areas pursuant to 
subpart 4. This rulemaking did not affect the statutory attainment 
dates imposed in subpart 4 and merely provided states with the 
opportunity to update or revise any prior attainment plan submissions, 
if necessary, to meet subpart 4 requirements considering the 2013 court 
decision. This rulemaking did not affect any action that the EPA had 
previously taken under CAA section 110(k) on a SIP for a 
PM2.5 nonattainment area.
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    \11\ 79 FR 31566 (June 2, 2014).
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    On September 4, 2013, EPA issued a clean data determination for the 
West Central Pinal County 2006 24-hour PM2.5 nonattainment 
area based on three years of complete, quality-assured, and certified 
data for the 2010-2012 time frame.\12\ The EPA's clean data 
determination suspended certain CAA requirements for the West Central 
Pinal County nonattainment area for so long as the area continues to 
attain the 2006 PM2.5 NAAQS, including requirements to 
submit an attainment demonstration pursuant to section 189(a)(1)(B), 
the reasonably available control measure (RACM) provisions of section 
189(a)(1)(C), the reasonable further progress (RFP) provisions of 
section 189(c), and related attainment demonstration, RACM, RFP and 
contingency measure provisions requirements of subpart 1, section 
172.\13\
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    \12\ 78 FR 54394 (September 4, 2013).
    \13\ For a discussion of the Clean Data Determination for West 
Central Pinal County and our clean data policy as applied at that 
time, see our proposed rulemaking at 78 FR 41901 (July 12, 2013).
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    For an area classified as Moderate under the CAA, section 188(c) 
states that the statutory attainment date is ``as expeditiously as 
practicable, but no later than the end of the sixth calendar year after 
the area's designation as nonattainment.'' Therefore, the applicable 
attainment date for West Central Pinal County, designated nonattainment 
in 2011 and classified as Moderate in 2014, was December 31, 2017.\14\ 
CAA section 188(b)(2) requires the EPA to determine whether any 
PM2.5 nonattainment area classified as Moderate attained the 
relevant PM2.5 NAAQS by the area's attainment date and 
requires the EPA to make such a determination within six months after 
that date. If that Moderate area has not attained the NAAQS by the 
relevant attainment date, then the CAA requires this area be 
reclassified to Serious. The 2006 24-hour PM2.5 NAAQS is met 
when the 24-hour PM2.5 design value at each eligible 
monitoring site is less than or equal to 35 [micro]g/m\3\, as explained 
further in Section II of this proposal.\15\
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    \14\ 79 FR 31566, 31569, fn 5.
    \15\ An area's highest design value for the 24-hour 
PM2.5 NAAQS is the highest of the three-year average of 
annual 98th percentile 24-hour average PM2.5 mass 
concentration values recorded at each eligible monitoring site. See 
definition of ``Design values'' in 40 CFR part 50, Appendix N, 
1.0(c).
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II. Criteria for Determining That an Area Has Attained the 2006 24-Hour 
PM2.5 NAAQS

    Under 40 CFR part 50, section 50.13 and in accordance with Appendix 
N, a nonattainment area meets the 2006 24-hour PM2.5 NAAQS 
when the area's design value is less than or equal to 35 [micro]g/m\3\, 
based on the rounding convention in 40 CFR part 50, Appendix N, at each 
eligible monitoring site within the area. Our determination of whether 
an area's air quality meets the 2006 24-hour PM2.5 NAAQS is 
generally based upon three years of complete, quality-assured data 
gathered at established state and local air monitoring stations (SLAMS) 
in a nonattainment area and entered into the EPA's Air Quality System 
(AQS) database.\16\ Ambient air quality data must meet data 
completeness or substitution requirements for each year under 
consideration. The completeness requirements are met when at least 75 
percent of the scheduled sampling days for each quarter have valid 
data.\17\ Data from ambient air monitors operated by state or local 
agencies in compliance with the EPA monitoring requirements must be 
submitted to AQS. Monitoring agencies certify annually that these data 
are accurate to the best of their knowledge. Accordingly, the EPA 
relies primarily on data in AQS when determining the attainment status 
of areas.
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    \16\ Because we are determining attainment of the 
PM2.5 NAAQS as of December 31, 2017, in this proposal, 
the applicable 3-year data review period is 2015-2017. AQS is the 
EPA's national repository of ambient air quality data.
    \17\ 40 CFR part 50, Appendix N, section 4.2(b).
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III. The EPA's Proposed Action and Associated Rationale

    The EPA's proposal is pursuant to the Agency's statutory 
obligation, under CAA section 188(b)(2), to determine whether the West 
Central Pinal County nonattainment area has attained the 2006 24-hour 
PM2.5 NAAQS by December 31, 2017. As discussed above in 
Section II, a nonattainment area must meet several criteria concerning 
its ambient data if the nonattainment area is to be determined as 
meeting the 2006

[[Page 17370]]

24-hour PM2.5 NAAQS. These criteria include complete, 
quality-assured and certified data collected from a valid ambient air 
quality monitoring network and a design value calculated from the 
ambient data to be less than the applicable NAAQS. Our proposed action 
and rationale for our proposal are described below.

A. Data Completeness, Network Review, and Certification of Data

    In accordance with 40 CFR part 50, Appendix N, a finding of 
attainment of the 2006 24-hour PM2.5 NAAQS must generally be 
based upon complete, quality-assured data gathered at eligible 
monitoring sites in the nonattainment area and entered in the AQS. For 
the 24-hour PM2.5 standards, Appendix N defines eligible 
monitoring sites as those that meet the technical requirements in 40 
CFR 58.11 and 58.30. All data are reviewed to determine the area's air 
quality status in accordance with 40 CFR 50, Appendix N.\18\
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    \18\ For detailed descriptions of the EPA's data and monitoring 
requirements refer to 40 CFR 50.13; 40 CFR part 50, Appendix L; 40 
CFR part 53; 40 CFR part 58, and 40 CFR part 58, appendices A, C, D, 
and E.
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    The PM2.5 ambient air quality monitoring data collected 
within the West Central Pinal County nonattainment area for the 2015-
2017 three-year period must meet data completeness or substitution 
criteria according to 40 CFR part 50, Appendix N. The ambient air 
quality monitoring data completeness requirements are met when 
quarterly data capture rates for all four quarters in a calendar year 
are at least 75 percent. For the purposes of this proposal, we reviewed 
the data for the 2015-2017 period for completeness and determined that 
the PM2.5 data collected by Pinal County met the 
completeness criterion for all 12 quarters at PM2.5 
monitoring sites in the West Central Pinal County nonattainment area.
    The EPA's determination as to whether an area has attained the 
PM2.5 NAAQS pursuant to CAA section 188(b)(2) is based on 
monitored ambient air quality data. The validity of this determination 
of attainment depends in part on whether the monitoring network 
adequately measures ambient PM2.5 levels in the 
nonattainment area. Pinal County, Arizona, is the governmental agency 
with the authority and responsibilities under the State's laws for 
collecting ambient air quality data for the West Central Pinal County 
nonattainment area. Pinal County submits annual monitoring network 
plans to the EPA. These plans discuss the status of the air monitoring 
network, as required under 40 CFR part 58. The EPA reviews these annual 
network plans for compliance with the applicable reporting requirements 
in 40 CFR 58.10. With respect to PM2.5, we have found that 
the annual network plans submitted by Pinal County meet the applicable 
requirements under 40 CFR part 58.\19\ Furthermore, we concluded in our 
``Technical Systems Audit Report'' of Pinal County's ambient air 
quality monitoring program that the ambient air monitoring network 
currently meets or exceeds the requirements for the minimum number of 
monitoring sites designated as SLAMS for PM2.5 in the West 
Central Pinal County nonattainment area.\20\ Pinal County certifies 
annually that the data it submits to AQS are quality-assured and has 
done so for each year relevant to our determination of attainment, 
2015-2017.\21\
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    \19\ We have included in our docket the correspondence 
transmitting our annual network reviews, e.g., correspondence dated 
October 30, 2017, from Gwen Yoshimura, Manager, Air Quality Analysis 
Office, EPA Region IX, to Michael Sundblom, Director, Pinal County 
Air Quality Control District.
    \20\ We have included in our docket the correspondence 
concerning our audits, e.g., correspondence dated September 28, 
2016, from Elizabeth Adams, Division Director, Air Division, EPA 
Region IX, to Michael Sundblom, Director, Pinal County Air Quality 
Control District.
    \21\ We have included in our docket Pinal County's annual data 
certifications for 2015, 2016 and 2017, e.g., correspondence dated 
April 30, 2018, from Josh DeZeeuw, Air Quality Manager, Pinal County 
Air Quality Control District, to Elizabeth Adams, Division Director, 
Air Division, EPA Region IX. Annual data certification requirements 
can be found at 40 CFR 58.15.
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B. State and Local Air Monitoring Stations Site Replacement

    In January 2016, Pinal County relocated the PM2.5 SLAMS 
monitoring site operating at the Cowtown location and began operating a 
new PM2.5 SLAMS monitoring site at the Hidden Valley 
location.\22\ Beginning in late 2013, Pinal County and the EPA engaged 
in a cooperative multi-year process to review alternative locations and 
relocate the Cowtown PM2.5 SLAMS monitoring site. Over the 
course of 2014 and 2015, Pinal County operated temporary monitors at 
two other potential monitoring site locations (i.e., Hidden Valley; and 
White and Parker). This allowed Pinal County and the EPA to assess the 
data from each location and to determine if either of the proposed 
monitoring site locations met the applicable system modification 
requirements in 40 CFR part 58.14 for monitoring site relocation. Based 
on an assessment of PM2.5 concentrations, land use, and 
nearby sources, the EPA approved the relocation of the Cowtown 
PM2.5 SLAMS monitoring site to the new Hidden Valley 
location. Specifically, the EPA found that the Hidden Valley location 
provided the most similar concentrations from similar sources to the 
Cowtown monitoring site, thus meeting the requirement that a new 
location is, in fact, a nearby location with the same scale of 
representation. As noted in the EPA's approval, the data from the old 
and new monitoring site locations will be combined to form one 
continuous data record for design value calculations.\23\ Consequently, 
the 2015-2017 design value is a composite data record consisting of 
2015 data from the Cowtown monitoring site and 2016 and 2017 data from 
the Hidden Valley monitoring site.
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    \22\ The site identification numbers are as follows: Cowtown 
(AQS ID: 04-021-3013); and, Hidden Valley (AQS ID: 04-021-3015).
    \23\ For a complete discussion of the EPA's review and approval 
of the Cowtown monitoring site relocation, refer to correspondence 
dated October 22, 2015, from Meredith Kurpius, EPA Region IX, to 
Michael Sundblom, Pinal County Air Quality Control District, in the 
docket for this proposed rulemaking.
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C. Determination of Attainment

    The EPA's evaluation of whether the West Central Pinal County 
nonattainment area has met the 2006 PM2.5 24-hour NAAQS is 
based on our review of the monitoring data, the adequacy of the 
PM2.5 monitoring network in the nonattainment area, and the 
reliability of the data collected by the network, as discussed 
previously. Table 1 shows the annual 98th percentile concentrations for 
the years 2015-2017.\24\ The design value for the 2015-2017 period is 
calculated as the average of the annual 98th percentiles for each of 
the three years according to 40 CFR 50, Appendix N, section 4.5. Table 
1 shows the calculated 24-hour PM2.5 design value for the 
Cowtown and Hidden Valley monitoring sites within the West Central 
Pinal County nonattainment area for the 2015-2017 period. The data show 
that the 24-hour design value for the 2015-2017 period, 32 [micro]g/
m\3\, was equal to or less than 35 [micro]g/m\3\, the 2006 
PM2.5 24-hour NAAQS. Thus, the EPA proposes to determine, 
based upon three years of complete, quality-assured and certified data 
from 2015-2017, that the West Central Pinal County nonattainment area 
has attained the 2006 24-hour PM2.5 NAAQS by the applicable 
attainment date.
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    \24\ AQS, Combined Site Sample Values Report, dated March 28, 
2019, in the docket for this proposed rulemaking.

[[Page 17371]]



 Table 1--West Central Pinal County Nonattainment Area Design Value for the 2006 PM2.5 24-Hour NAAQS With Annual
                                         98th Percentile Concentrations
                                                 [[micro]g/m\3\]
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                                                                  98th percentile
            Monitor              AQS Site ID No. ------------------------------------------------    2015-2017
                                                       2015            2016            2017        design value
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Cowtown.......................       04-021-3013            22.6  ..............  ..............              32
Hidden Valley.................       04-021-3015  ..............            34.0            38.2  ..............
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Source: AQS, Combined Site Sample Values Report, dated March 28, 2019.

IV. Summary of Our Proposed Action

    Today, in accordance with section 188(b)(2) of the CAA, the EPA is 
proposing to determine that the West Central Pinal County Moderate 
nonattainment area attained the 2006 24-hour PM2.5 NAAQS by 
its applicable attainment date, December 31, 2017. Our determination of 
attainment is based on complete, quality-assured and certified 
PM2.5 monitoring data for the appropriate three-year period, 
2015-2017. We are soliciting comments on this proposed determination of 
attainment by the attainment date.
    If our proposal is finalized as proposed, West Central Pinal County 
will remain a Moderate nonattainment area and will not be reclassified 
to a Serious nonattainment area. A final rule determining that West 
Central Pinal County attained the 2006 24-hour PM2.5 NAAQS 
by its applicable attainment date would not, however, constitute a 
redesignation of the area to attainment. States are required to meet 
several additional statutory requirements before the EPA can 
redesignate a nonattainment area to attainment of a NAAQS, including 
the EPA's approval of a state implementation plan demonstrating 
maintenance of the NAAQS for ten years after redesignation. The EPA is 
committed to working with states that submit redesignation requests for 
the 2006 24-hour PM2.5 NAAQS. Our proposal today only 
addresses our statutory obligation to determine if the West Central 
Pinal County nonattainment area has attained the 2006 24-hour 
PM2.5 NAAQS by its applicable attainment date, December 31, 
2017.

V. Statutory and Executive Order Reviews

    This action proposes to determine that the West Central Pinal 
County has met the 2006 24-hour PM2.5 NAAQS as a statement 
of fact according to regulations and requirements discussed in the 
proposal. For that reason, this proposed 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);
     Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because this action is not significant under 
Executive Order 12866;
     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 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 proposed determination 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 proposed determination 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).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Nitrogen dioxides, 
Fine particulate matter, Ammonia, Sulfur dioxides, Volatile organic 
compounds, Incorporation by reference, Intergovernmental relations, 
Reporting and recordkeeping requirements.

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

     Dated: April 15, 2019.
Deborah Jordan,
Acting Regional Administrator, Region IX.
[FR Doc. 2019-08309 Filed 4-24-19; 8:45 am]
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