[Federal Register Volume 85, Number 150 (Tuesday, August 4, 2020)]
[Rules and Regulations]
[Pages 47032-47035]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-15970]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R09-OAR-2019-0609; FRL-10012-54-Region 9]


Maintenance Plan and Redesignation Request for the Ajo PM10 
Planning Area; Arizona

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to approve the ``Ajo PM10 Redesignation Request and 
Maintenance Plan (May 3, 2019)'' (``Ajo PM10 Maintenance 
Plan'' or ``Plan'') as a revision to the state implementation plan 
(SIP) for the State of Arizona. The Ajo PM10 Maintenance 
Plan includes, among other elements, an emissions inventory consistent 
with attainment, a maintenance demonstration, contingency provisions, 
and a demonstration that contributions from motor vehicle emissions to 
PM10 in the Ajo planning area are insignificant. The EPA is 
also approving the State of Arizona's request to redesignate the Ajo 
planning area from nonattainment to attainment for the national ambient 
air quality standards (NAAQS or ``standards'') for particulate matter 
of ten microns or less (PM10). Lastly, the EPA is taking 
final action to delete the area designation for Ajo for the revoked 
NAAQS for total suspended particulate (TSP) because the designation is 
no longer necessary. The EPA is finalizing these actions because the 
SIP revision meets the applicable requirements under the Clean Air Act 
(CAA or ``Act'') for maintenance plans and because the State has met 
the requirements under the Act for redesignation of a nonattainment 
area to attainment with respect to the Ajo planning area.

DATES: This rule is effective on September 3, 2020.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R09-OAR-2019-0609. 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: Ashley Graham, Air Planning Office 
(AIR-2), EPA Region IX, 75 Hawthorne Street, San Francisco, CA 94105, 
(415) 972-3877, or by email at [email protected].

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

Table of Contents

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

[[Page 47033]]

I. Summary of Proposed Action

    On June 4, 2020 (85 FR 34381), under CAA section 110(k)(3), the EPA 
proposed to approve the Ajo PM10 Maintenance Plan submitted 
by the Arizona Department of Environmental Quality (ADEQ) on May 10, 
2019, as a revision to the Arizona SIP.\1\ In so doing, we found that 
the Ajo PM10 Maintenance Plan adequately demonstrates that 
the area will maintain the PM10 NAAQS for 10 years beyond 
redesignation and includes sufficient contingency provisions to 
promptly correct any violation of the PM10 standards that 
occurs after redesignation, and thereby meets the requirements for 
maintenance plans under CAA section 175A. We also proposed to approve 
the attainment inventory as meeting the requirements of CAA section 
172(c)(3), and to approve the demonstration that the PM10 
contributions from motor vehicle emissions to PM10 in the 
Ajo planning area are insignificant.
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    \1\ ADEQ submitted the Ajo PM10 Maintenance Plan 
electronically to the EPA on May 10, 2019. ADEQ's transmittal letter 
for the Ajo PM10 Maintenance Plan is dated May 8, 2019.
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    In our June 4, 2020 proposed rule, under CAA section 107(d)(3)(D), 
we proposed to grant the ADEQ's request to redesignate the Ajo 
PM10 planning area from ``nonattainment'' to ``attainment'' 
for the PM10 standards. We proposed to do so based on our 
conclusion that the Ajo planning area has attained the PM10 
standards based on the most recent three-year period (2017-2019) of 
quality-assured, certified, and complete PM10 data; that the 
relevant portions of the Arizona SIP are, or will be as part of this 
action, fully approved; that the improvement in air quality is due to 
permanent and enforceable emissions reductions; \2\ that Arizona has 
met all requirements applicable to the Ajo planning area with respect 
to section 110 and part D of the CAA if we finalize our approval of the 
attainment inventory in the Ajo PM10 Maintenance Plan; that 
based on our proposed approval as described above, the Ajo 
PM10 Maintenance Plan meets the requirements for maintenance 
plans under section 175A of the CAA; and that therefore, Arizona has 
met the criteria for redesignation under CAA section 107(d)(3)(E) for 
the Ajo PM10 planning area.
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    \2\ As discussed in our proposal, the Pima County Board of 
Supervisors adopted Pima County Code (PCC) Section 17.16.125 
(``Inactive Mineral Tailings Impoundment and Slag Storage Area 
within the Ajo PM10 Planning Area'') to provide for 
continued maintenance and enforcement of measures already 
implemented to control windblown dust from the tailings impoundment 
and slag storage area (85 FR 34381, 34382). On June 23, 2020, the 
Region IX Regional Administrator signed a final rule approving PCC 
Section 17.16.125 as a revision to the Arizona SIP. The signed final 
rule has not yet been published in the Federal Register, but upon 
its effective date, the requirements therein will become permanent 
and enforceable for the purposes of CAA section 107(d)(3)(E)(iii).
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    Lastly, we proposed to delete the area designation for Ajo for the 
revoked NAAQS for TSP.
    Please see our June 4, 2020 proposed rule for a detailed discussion 
of the background for these actions, and the rationale for approval of 
the Ajo PM10 Maintenance Plan, for granting the ADEQ's 
request for redesignation of the Ajo planning area to attainment, and 
for deleting the TSP designation for Ajo.

II. Public Comments

    Our June 4, 2020 proposed rule provided a 30-day public comment 
period that closed on July 6, 2020. We received one comment during this 
period from the Pima Association of Governments supporting our proposal 
to find that the Ajo PM10 Maintenance Plan adequately 
demonstrates that PM10 contributions from motor vehicle 
emissions to the PM10 air quality problem in the Ajo 
nonattainment area are insignificant.

III. Final Action

    Under CAA section 110(k)(3), and for the reasons set forth in our 
June 4, 2020 proposed rule, the EPA is taking final action to approve 
the Ajo PM10 Maintenance Plan as a revision to the Arizona 
SIP. The EPA finds that the maintenance demonstration showing how the 
area will continue to attain the 24-hour PM10 NAAQS for 10 
years beyond redesignation, and the contingency provisions describing 
the actions that the ADEQ will take in the event of a future monitored 
violation, meet all applicable requirements for maintenance plans and 
related contingency provisions in CAA section 175A. The EPA is also 
approving the attainment inventory as meeting the requirement of CAA 
section 172(c)(3), and the demonstration that the PM10 
contributions from motor vehicle emissions to PM10 in the 
Ajo planning area are insignificant.
    Second, under CAA section 107(d)(3)(D), we are taking final action 
to grant ADEQ's request, which accompanied the submittal of the 
maintenance plan, to redesignate the Ajo PM10 nonattainment 
area to attainment for the 24-hour PM10 NAAQS. We are doing 
so based on our conclusion that the area has met the five criteria for 
redesignation under CAA section 107(d)(3)(E). Our conclusion in this 
regard is in turn based on our determination that the area has attained 
the 24-hour PM10 NAAQS; that relevant portions of the 
Arizona SIP are, or will be as part of this action, fully approved; 
that the improvement in air quality is due to permanent and enforceable 
reductions in emissions; that Arizona has met all requirements 
applicable to the Ajo PM10 planning area with respect to 
section 110 and part D of the CAA upon final approval of the attainment 
inventory in the Ajo PM10 Maintenance Plan; and based on our 
approval (as part of this action) of the Ajo PM10 
Maintenance Plan.
    Lastly, the EPA is taking final action to delete the area 
designation for Ajo for the revoked national standards for TSP because 
the designation is no longer necessary.

IV. Statutory and Executive Order Reviews

    Under the CAA, redesignation of an area to attainment and the 
accompanying approval of a maintenance plan under section 107(d)(3)(E) 
are actions that affect the status of a geographic area and do not 
impose any additional regulatory requirements on sources beyond those 
imposed by state law. Redesignation to attainment does not in and of 
itself create any new requirements, but rather results in the 
applicability of requirements contained in the CAA for areas that have 
been redesignated to attainment. Moreover, 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 CAA. 
Accordingly, these actions merely approve a state plan and 
redesignation request as meeting federal requirements and do not impose 
additional requirements beyond those imposed by state law. For these 
reasons, these actions:
     Are 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);
     Are not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted 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.);
     Are certified as not having a significant economic impact 
on a substantial number of small entities

[[Page 47034]]

under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.);
     Do 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);
     Do not have federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Are not an economically significant regulatory action 
based on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Are not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Are 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
     Do 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, there are no areas of Indian country within the Ajo 
planning area, and the state plan 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), because redesignation is an action that affects the status of a 
geographical area and does not impose any new regulatory requirements 
on tribes, affect any existing sources of air pollution on tribal 
lands, nor impair the maintenance of NAAQS in tribal lands.
    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 CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by October 5, 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 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

40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Nitrogen dioxide, Particulate 
matter, Reporting and recordkeeping requirements, Sulfur dioxide, 
Volatile organic compounds.

40 CFR Part 81

    Environmental protection, Air pollution control, National parks, 
Wilderness areas.

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

    Dated: July 17, 2020.
Deborah Jordan,
Acting Regional Administrator, Region IX.

    For the reasons stated in the preamble, the EPA amends Chapter I, 
title 40 of the Code of Federal Regulations 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. In Sec.  52.120 amend paragraph (e) by adding to table 1, under the 
table heading ``Part D Elements and Plans (Other than for the 
Metropolitan Phoenix or Tucson Areas)'' an entry for ``SIP Revision: 
Ajo PM10 Redesignation Request and Maintenance Plan (May 3, 
2019) (excluding Appendix C)'' after the entry for ``Arizona State 
Implementation Plan Revision: Miami Sulfur Dioxide Nonattainment Area 
for the 2010 SO2 NAAQS, excluding Appendix D'' to read as 
follows.


Sec.  52.120   Identification of plan.

* * * * *
    (e) * * *

                       Table 1--EPA-Approved Non-Regulatory and Quasi-Regulatory Measures
       [Excluding certain resolutions and statutes, which are listed in tables 2 and 3, respectively] \1\
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                                     Applicable
                                   geographic or
     Name of SIP provision         nonattainment     State submittal   EPA approval date        Explanation
                                   area or title/          date
                                      subject
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                                                  * * * * * * *
               Part D Elements and Plans (Other than for the Metropolitan Phoenix or Tucson Areas)
 
                                                  * * * * * * *
SIP Revision: Ajo PM10           Ajo PM10 Air       May 10, 2019.....  August 4, 2020,    Appendix C includes
 Redesignation Request and        Quality Planning                      [Insert Federal    Pima County Code
 Maintenance Plan (May 3, 2019)   Area.                                 Register           (PCC) Section
 (excluding Appendix C).                                                citation].         17.16.125 and the
                                                                                           related public
                                                                                           process
                                                                                           documentation. PCC
                                                                                           Section 17.16.125 was
                                                                                           approved in a
                                                                                           separate action and
                                                                                           is listed in table 7
                                                                                           of 40 CFR 52.120(c).
                                                                                           ADEQ's submittal
                                                                                           letter date is the
                                                                                           same as the date of
                                                                                           adoption, May 8,
                                                                                           2019. Submitted
                                                                                           electronically on May
                                                                                           10, 2019.
 

[[Page 47035]]

 
                                                  * * * * * * *
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\1\ Table 1 is divided into three parts: Clean Air Act Section 110(a)(2) State Implementation Plan Elements
  (excluding Part D Elements and Plans), Part D Elements and Plans (other than for the Metropolitan Phoenix or
  Tucson Areas), and Part D Elements and Plans for the Metropolitan Phoenix and Tucson Areas.

* * * * *

PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES

0
3. The authority citation for part 81 continues to read as follows:

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

Subpart C--Section 107 Attainment Status Designations

0
4. Section 81.303 is amended by:
0
a. Removing in the table under ``Arizona--TSP,'' the entry for ``Ajo'';
0
b. Revising in the table under ``Arizona--TSP,'' the entry for ``Rest 
of State''; and
0
c. Revising in the table under ``Arizona--PM-10,'' the entry under Pima 
County for ``Ajo planning area''.
    The revisions read as follows:


Sec.  81.303   Arizona.

                                                  Arizona--TSP
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                                       Does not meet   Does not meet
           Designated area                primary        secondary       Cannot be       Better than national
                                         standards       standards      classified             standards
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                                                  * * * * * * *
Rest of State \2\...................  ..............  ..............  ..............  \1\ X
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\1\ EPA designation replaces State designation.
\2\ Excluding Ajo (T12S, R6W).

* * * * *

                                                 Arizona--PM-10
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                                                     Designation                          Classification
          Designated area          -----------------------------------------------------------------------------
                                             Date                   Type               Date            Type
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                                                  * * * * * * *
Pima County:
 
                                                  * * * * * * *
    Ajo planning area.............  September 3, 2020....  Attainment...........
Township T12S, R6W, and the
 following sections of Township
 T12S, R5W:
    a. Sections 6-8...............
    b. Sections 17-20, and........
    c. Sections 29-32.............
 
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[FR Doc. 2020-15970 Filed 8-3-20; 8:45 am]
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