[Federal Register Volume 85, Number 122 (Wednesday, June 24, 2020)]
[Rules and Regulations]
[Pages 37756-37760]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-12827]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 81
[EPA-R09-OAR-2020-0151; FRL-10010-56-Region 9]
Finding of Failure To Attain the 1987 24-Hour PM10 Standard;
Reclassification as Serious Nonattainment; Pinal County, Arizona
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to determine that the West Pinal County, Arizona nonattainment
area did not attain the 1987 24-hour national ambient air quality
standards (NAAQS or ``standard'') for particulate matter with a
diameter of ten micrometers or smaller (PM10) by December
31, 2018, the statutory attainment date for the nonattainment area.
This action is based on the EPA's calculation of the PM10
design value for the nonattainment area over the 2016-2018 period,
using complete, quality-assured, and certified PM10
monitoring data. With this final determination that West Pinal County
has failed to attain the PM10 NAAQS by its attainment date,
the Clean Air Act (CAA) section 188(b)(2) requires that the
nonattainment area be reclassified to Serious by operation of law.
Within 18 months from the effective date of this reclassification to
Serious, the State must submit State Implementation Plan (SIP)
revisions that comply with the statutory and regulatory requirements
for Serious PM10 nonattainment areas.
DATES: This rule will be effective on July 24, 2020.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R09-OAR-2020-0151. 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.
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. Summary of the Proposed Action
II. Public Comments and EPA Responses
III. Final Action
IV. Statutory and Executive Order Reviews
I. Summary of the Proposed Action
On April 7, 2020, the EPA proposed to determine that the West Pinal
County nonattainment area failed to attain the 1987 24-hour
PM10 NAAQS by December 31, 2018, the statutory attainment
date for the area.\1\ For a PM10 nonattainment area
classified as Moderate under the CAA, such as the West Pinal County
area, section 188(c) of the CAA states that the area's 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.''
Consequently, the applicable attainment date for West Pinal County,
designated nonattainment in 2012, was December 31, 2018. CAA section
188(b)(2) requires the EPA to determine whether any PM10
nonattainment area classified as Moderate attained the 24-hour
PM10 NAAQS by the area's attainment date and requires the
EPA to make such a determination within six months after that date.
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\1\ 85 FR 19408 (April 7, 2020).
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Our proposed determination that the West Pinal County area failed
to attain the PM10 NAAQS was based on complete, quality-
assured, and certified PM10 monitoring data for the
appropriate three-year period, 2016-2018. As discussed in our proposal,
an area attains the 24-hour PM10 standard of 150 micrograms
per cubic meter ([mu]g/m\3\) when the expected number of days per
calendar year with a 24-hour concentration exceeding the standard,
referred to as an ``exceedance'', averaged over a three-year period is
equal to or less than one.
In our proposal, the EPA's evaluation of whether the West Pinal
County nonattainment area has met the 1987 24-hour PM10
NAAQS was based on our review of the monitoring data, the adequacy of
the PM10 monitoring network in the nonattainment area, and
the reliability of the data collected by that network. The
PM10 standard is attained when the expected number of
exceedances, averaged over a three-year period, is less than or equal
to one. The expected number of exceedances averaged over a three-year
period at any given monitor is known as the PM10 design
value for that site. The PM10 design value for the
nonattainment area is the highest design value from a monitor within
that area. Three consecutive years of air quality data are required to
show attainment of the PM10 standard.
We reviewed the 2018 PM10 design values for all
regulatory monitoring sites measuring PM10 within the West
Pinal County nonattainment area, expressed as a single value
representing the average expected exceedances over the three-year
period, 2016-2018.\2\ The PM10 data showed that the design
values at multiple monitoring sites are greater than 1.0 estimated
annual average exceedances of the 1987 24-hour PM10 NAAQS.
Consequently, the EPA proposed to determine, based upon three years of
complete, quality-assured and certified data from 2016-2018, that the
West Pinal County nonattainment area did not attain the 1987 24-hour
PM10 NAAQS by the applicable attainment date of December 31,
2018.
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\2\ A design value is calculated using a specific methodology
from monitored air quality data and is used to compare an area's air
quality to a NAAQS. The methodologies for calculating expected
exceedances for the 24-hour PM10 NAAQS are found in 40
CFR part 50, Appendix K, Section 2.1(a).
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In our proposal to determine that the West Pinal County area did
not attain the NAAQS by the relevant attainment date, the EPA noted
that the consequence of our determination is that the West Pinal County
area will be reclassified as a Serious PM10 nonattainment
area by operation of law and will be subject to all applicable Serious
area attainment planning and nonattainment New Source Review
requirements. This includes the requirement to submit a Serious area
air quality plan within 18 months of the effective date of our final
rule, per section 189(b)(2) of the CAA. This Serious area air quality
plan must demonstrate attainment of the 24-hour PM10 NAAQS
by December 31, 2022, ten years after the area's designation to
nonattainment, per section 188(c)(2) of the CAA.
[[Page 37757]]
II. Public Comments and EPA Responses
The public comment period on the proposed rule opened on April 7,
2020, the date of its publication in the Federal Register, and closed
on May 7, 2020. During this period, the EPA received one comment letter
submitted by the Sierra Club and The Arizona Center for Law in the
Public Interest (ACLIPI). The Sierra Club and ACLIPI comment letter
expressed support for our proposal and suggested that the EPA take our
final action without delay. A copy of this comment letter is included
in the docket for this final action.
III. Final Action
In accordance with section 188(b)(2) of the CAA, the EPA is taking
final action to determine that the West Pinal County Moderate
nonattainment area did not attain the 1987 24-hour PM10
NAAQS by its applicable attainment date of December 31, 2018. Our
determination that West Pinal County failed to attain the
PM10 NAAQS is based on complete, quality-assured, and
certified PM10 monitoring data for the appropriate three-
year period, 2016-2018.
As a result of our determination of failure to attain the 1987 24-
hour PM10 NAAQS by its applicable attainment date, West
Pinal County is reclassified as a Serious PM10 nonattainment
area by operation of law and is subject to all applicable Serious area
attainment planning and nonattainment New Source Review requirements,
in accordance with section 188(b)(2) of the CAA. This includes the
requirement to submit a Serious area air quality plan within 18 months
of the effective date of our final rule, per section 189(b)(2) of the
CAA. This Serious area air quality plan must demonstrate attainment of
the 24-hour PM10 NAAQS by December 31, 2022, ten years after
the area's designation to nonattainment, per section 188(c)(2) of the
CAA.
IV. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review, and Executive
Order 13563: Improving Regulation and Regulatory Review
This action is not a significant regulatory action under the terms
of Executive Order 12866 (58 FR 51735, October 4, 1993) and Executive
Order 13563 (76 FR 3821, January 21, 2011), and therefore was not
submitted to the Office of Management and Budget (OMB) for review.
B. Executive Order 13771: Reducing Regulations and Controlling
Regulatory Costs
This action is not an Executive Order 13771 regulatory action
because it is not a significant regulatory action under Executive Order
12866.
C. Paperwork Reduction Act
This action does not impose an information collection burden under
the provisions of the Paperwork Reduction Act (44 U.S.C. 3501-3521)
because it does not contain any information collection activities.
D. Regulatory Flexibility Act
I certify that this action will not have a significant economic
impact on a substantial number of small entities under the Regulatory
Flexibility Act (RFA), 5 U.S.C. 601-612. This action will not impose
any requirements on small entities. This action requires the state to
adopt and submit SIP revisions to satisfy the statutory requirements
that apply to Serious areas and would not itself directly regulate any
small entities. We continue to be interested in the potential impacts
of the proposed rule on small entities and welcome comments on issues
related to such impacts.
E. Unfunded Mandates Reform Act
This action does not contain any unfunded mandate of $100 million
or more and does not significantly or uniquely affect small
governments, as described in the Unfunded Mandates Reform Act (UMRA) (2
U.S.C. 1531-1538). This action itself imposes no enforceable duty on
any state, local, or tribal governments, or the private sector. This
action determines that the West Pinal County nonattainment area failed
to attain the 1987 24-hour PM10 NAAQS by its applicable
attainment date, triggering reclassification as a Serious nonattainment
area and existing statutory timeframes for the state to submit SIP
revisions. Such a reclassification in and of itself does not impose any
federal intergovernmental mandate.
F. Executive Order 13132: Federalism
This action does not have federalism implications. It will not have
substantial direct effects on the states, on the relationship between
the national government and the states, or on the distribution of power
and responsibilities among the various levels of government, as
specified in Executive Order 13132 (64 FR 43255, August 10, 1999). The
requirement to submit SIP revisions to meet the 1987 24-hour
PM10 NAAQS is imposed by the CAA. This final rule does not
alter the distribution of power and responsibilities established in the
CAA. Thus, Executive Order 13132 does not apply to this action. In the
spirit of Executive Order 13132 and consistent with EPA policy to
promote communications between the EPA and state and local governments,
the EPA specifically solicited comments on our prior proposed action
from state and local officials.
G. Executive Order 13175, Consultation and Coordination With Indian
Tribal Governments
This action does not have tribal implications as specified in
Executive Order 13175. No areas of Indian country are located within
the West Pinal County PM10 nonattainment area. Therefore, no
tribal areas are implicated in the area that the EPA has determined to
have failed to attain the 1987 24-hour PM10 NAAQS by the
applicable attainment date. The CAA and the Tribal Authority Rule
establish the relationship of the federal government and tribes in
developing plans to attain the NAAQS, and this rule does nothing to
modify that relationship. Thus, Executive Order 13175 does not apply to
this action.
H. Executive Order 13045, Protection of Children From Environmental
Health Risks and Safety Risks
The EPA interprets Executive Order 13045 (62 FR 19885, April 23,
1997) as applying only to those regulatory actions that concern
environmental health or safety risks that the EPA has reason to believe
may disproportionately affect children, per the definition of ``covered
regulatory action'' in section 2-202 of the Executive Order. This
action is not subject to Executive Order 13045 because the effect of
this action is to reclassify the West Pinal County nonattainment area
as Serious nonattainment for the 1987 24-hour PM10 NAAQS
triggering additional Serious area planning requirements under the CAA.
This action does not establish an environmental standard intended to
mitigate health or safety risks.
I. Executive Order 13211, Actions That Significantly Affect Energy
Supply, Distribution, or Use
This final rule is not subject to Executive Order 13211, ``Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use'' (66 FR 28355, May 22, 2001) because it is not a
significant
[[Page 37758]]
regulatory action under Executive Order 12866.
J. National Technology Transfer and Advancement Act
This action is not subject to the requirements of Section 12(d) of
the National Technology Transfer and Advancement Act of 1995 (15 U.S.C.
272 note) because it does not involve technical standards.
K. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Population
Executive Order 12898 (59 FR 7629, Feb. 16, 1994) establishes
federal executive policy on environmental justice. Its main provision
directs federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies, and activities on minority populations and low-income
populations in the United States. The EPA has determined that this
action will not have disproportionately high and adverse human health
or environmental effects on minority or low-income populations because
it does not affect the level of protection provided to human health or
the environment. The effect of this final action is to reclassify the
West Pinal County nonattainment area as Serious nonattainment for the
1987 24-hour PM10 NAAQS triggering additional Serious area
planning requirements under the CAA.
L. Congressional Review Act (CRA)
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).
M. Petitions for Judicial Review
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 August 24, 2020. 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, does not 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 81
Environmental protection, Air pollution control, Intergovernmental
relations, National parks, Particulate matter, Wilderness areas.
Authority: 42 U.S.C. 7401 et seq.
Dated: June 8, 2020.
John Busterud,
Regional Administrator, Region IX.
Chapter I, title 40 of the Code of Federal Regulations is amended
as follows:
PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES
0
1. The authority citation for part 81 continues to read as follows:
Authority: 42 U.S.C. 7401, et seq.
0
2. In Sec. 81.303 amend in the table ``Arizona-PM-10'' by revising the
entry under Pinal County (part) for ``West Pinal'' to read as follows:
Sec. 81.303 Arizona.
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Arizona--PM-10
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Designation Classification
Designated area -----------------------------------------------------------------------
Date Type Date Type
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Pinal County (part):
West Pinal.......................... 7/2/12 Nonattainment..... 7/24/20 Serious.
1. Commencing at a point which
is the intersection of the
western line of Range 2 East,
Gila and Salt River Baseline
and Meridian, and the northern
line of Township 4 South, which
is the point of beginning:
2. Thence, proceed easterly
along the northern line of
Township 4 South to a point
where the northern line of
Township 4 South intersects the
western line of Range 7 East;
3. Thence, northerly along the
western line of Range 7 East to
a point where the western line
of Range 7 East intersects the
northern line of Township 3
South;
4. Thence, easterly along the
northern line of Township 3
South to a point where the
northern line of Township 3
South intersects the western
line of Range 8 East;
5. Thence, northerly along the
western line of Range 8 East to
a point where the western line
of Range 8 East intersects the
northern line of Township 1
South;
6. Thence, easterly along the
northern line of Township 1
South to a point where the
northern line of Township 1
South intersects the eastern
line of Range 8 East;
7. Thence southerly along the
eastern line of Range 8 East to
a point where the eastern line
of Range 8 East intersects the
Northern line of Township 3
South;
[[Page 37759]]
8. Thence easterly along the
northern line of Township 3
South to a point where the
northern line of Township 3
South intersects the eastern
line of Range 9 East;
9. Thence southerly along the
eastern line of Range 9 east to
a point where the eastern line
of Range 9 East intersects the
northern line of Township 4
South;
10. Thence easterly along the
northern line of Township 4
South to a point where the
northern line of Township 4
South intersects the eastern
line of Range 10 East;
11. Thence southerly along the
eastern line of Range 10 East
to a point where the eastern
line of Range 10 East
intersects the southern line of
Township 5 South;
12. Thence westerly along the
southern line of Township 5
South to a point where the
southern line of Township 5
South intersects the eastern
line of Range 8 East;
13. Thence southerly along the
eastern line of Range 8 East to
a point where the eastern line
of Range 8 East intersects the
northern line of Township 8
South;
14. Thence easterly along the
northern line of Township 8
South to a point where the
northern line of Township 8
South intersects the eastern
line of Range 9 East;
15. Thence southerly along the
eastern line of Range 9 east to
a point where the eastern line
of Range 9 East intersects the
northern line of Township 9
South;
16. Thence easterly along the
northern line of Township 9
South to a point where the
northern line of Township 9
South intersects the eastern
line of Range 10 East;
17. Thence southerly along the
eastern line of Range 10 East
to a point where the eastern
line of Range 10 East
intersects the southern line of
Township 9 South;
18. Thence westerly along the
southern line of Township 9
South to a point where the
southern line of Township 9
South intersects the western
line of Range 7 East;
19. Thence northerly along the
western line of Range 7 East to
a point where the western line
of Range 7 East intersects the
southern line of Township 8
South;
20. Thence westerly along the
southern line of Township 8
South to a point where the
southern line of Township 8
South intersects the western
line of Range 6 East;
21. Thence northerly along the
western line of Range 6 East to
a point where the western line
of Range 6 East intersects the
southern line of Township 7
South;
22. Thence, westerly along the
southern line of Township 7
South to a point where the
southern line of Township 7
South intersects the quarter
section line common to the
southwestern southwest quarter
section and the southeastern
southwest quarter section of
section 34, Range 3 East and
Township 7 South;
23. Thence, northerly along the
along the quarter section line
common to the southwestern
southwest quarter section and
the southeastern southwest
quarter section of sections 34,
27, 22, and 15, Range 3 East
and Township 7 South, to a
point where the quarter section
line common to the southwestern
southwest quarter section and
the southeastern southwest
quarter section of sections 34,
27, 22, and 15, Range 3 East
and Township 7 South,
intersects the northern line of
section 15, Range 3 East and
Township 7 South;
24. Thence, westerly along the
northern line of sections 15,
16, 17, and 18, Range 3 East
and Township 7 South, and the
northern line of sections 13,
14, 15, 16, 17, and 18, Range 2
East and Township 7 South, to a
point where the northern line
of sections 15, 16, 17, and 18,
Range 3 East and Township 7
South, and the northern line of
sections 13, 14, 15, 16, 17,
and 18, Range 2 East and
Township 7 South, intersect the
western line of Range 2 East,
which is the common boundary
between Maricopa and Pinal
Counties, as described in
Arizona Revised Statutes
sections 11-109 and 11-113;
25. Thence, northerly along the
western line of Range 2 East to
the point of beginning which is
the point where the western
line of Range 2 East intersects
the northern line of Township 4
South;
[[Page 37760]]
26. Except that portion of the
area defined by paragraphs 1
through 25 above that lies
within the Ak-Chin Indian
Reservation, Gila River Indian
Reservation, and the Tohono
O'odham Nation's Florence
Village and San Lucy Farms.
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[FR Doc. 2020-12827 Filed 6-23-20; 8:45 am]
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