[Federal Register Volume 87, Number 65 (Tuesday, April 5, 2022)]
[Rules and Regulations]
[Pages 19629-19631]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-07056]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2021-0638; FRL-9101-02-R9]


Clean Air Plans; Base Year Emissions Inventories for the 2015 
Ozone Standards; Arizona; Phoenix-Mesa and Yuma Nonattainment Areas

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving, under 
the Clean Air Act (CAA), revisions to the Arizona state implementation 
plan (SIP) concerning the base year emissions inventory requirements 
for the Phoenix-Mesa ozone nonattainment area (``Phoenix-Mesa'') and 
Yuma ozone nonattainment area (``Yuma'') for the 2015 ozone national 
ambient air quality standards (NAAQS).

DATES: This rule is effective May 5, 2022.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R09-OAR-2021-0638. 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. If you need assistance 
in a language other than English or if you are a person with 
disabilities who needs a reasonable accommodation at no cost to you, 
please contact the person identified in the FOR FURTHER INFORMATION 
CONTACT section.

FOR FURTHER INFORMATION CONTACT: Ben Leers, Air Planning Office (AIR-
2), EPA Region IX, (415) 947-4279, [email protected].

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

Table of Contents

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

I. Proposed Action

    On July 8, 2020, the Arizona Department of Environmental Quality 
(ADEQ) submitted a revision to the Arizona SIP titled ``Maricopa 
Association of Governments (MAG) 2020 Eight-Hour Ozone Plan'' (``2020 
Phoenix-Mesa SIP Submittal''). The 2020 Phoenix-Mesa SIP Submittal 
includes a 2017 baseline emissions inventory for Phoenix-Mesa developed 
by the Maricopa Association of Governments. On December 22, 2020, ADEQ 
submitted a revision to the Arizona SIP titled ``Marginal Ozone

[[Page 19630]]

Plan for the Yuma Nonattainment Area,'' and on July 1, 2021, ADEQ 
provided a technical supplement to its December 22, 2020 SIP revision. 
ADEQ's December 22, 2020 SIP revision and July 1, 2021 technical 
supplement include a 2017 baseline emissions inventory for Yuma and are 
herein referred to collectively as the ``2020 Yuma SIP Submittal.''
    On October 22, 2021, the EPA proposed to approve the 2020 Phoenix-
Mesa SIP Submittal and 2020 Yuma SIP Submittal as meeting the ozone-
related baseline emissions inventory requirement for the Phoenix-Mesa 
and Yuma ozone nonattainment areas, respectively, for the 2015 ozone 
NAAQS.\1\ Our October 22, 2021 proposed rule also discussed the 
following: Background on the 2015 ozone NAAQS; an overview of the 
baseline emissions inventory requirements for the 2015 ozone NAAQS 
under sections sections 172(c)(3) and 182(a)(1) of the CAA and under 
the EPA's implementing regulations for the 2015 ozone NAAQS at 40 CFR 
51.1315; an overview of ADEQ's SIP revisions submitted to meet the 
ozone baseline emissions inventory requirement for Phoenix-Mesa and 
Yuma; a discussion of the public notice and hearing procedures 
conducted by ADEQ to meet the requirements of CAA sections 110(a)(1) 
and 110(l) and 40 CFR 51.102; and our evaluation of ADEQ's SIP 
submittals.
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    \1\ 86 FR 58630.
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II. Public Comments and EPA Responses

    The EPA's proposed action provided a 30-day public comment period. 
During this period, we received no comments on our proposed rulemaking.

III. EPA Action

    For the reasons described in our October 22, 2021 proposed action, 
we are taking final action to approve the 2020 Phoenix-Mesa SIP 
Submittal and 2020 Yuma SIP Submittal as meeting the ozone-related 
baseline emissions inventory requirement for the Phoenix-Mesa and Yuma 
ozone nonattainment areas for the 2015 ozone NAAQS. The emissions 
inventories in the 2020 Phoenix-Mesa SIP Submittal and 2020 Yuma SIP 
Submittal contain comprehensive, accurate, and current inventories of 
actual emissions for all relevant sources in accordance with CAA 
sections 172(c)(3) and 182(a).

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, the EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. 
Accordingly, this action merely approves state law as meeting federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For that reason, this 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);
     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, 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, the SIP 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. The Fort McDowell 
Yavapai Nation, the Gila River Indian Community of the Gila River 
Indian Reservation, the Tohono O'odham Nation of Arizona, and the Salt 
River Pima Maricopa Indian Community of the Salt River Reservation have 
areas of Indian country located within the Phoenix-Mesa nonattainment 
area for the 2015 ozone NAAQS. The Cocopah Tribe of Arizona and the 
Quechan Tribe of the Fort Yuma Indian Reservation have areas of Indian 
country located within the Yuma nonattainment area for the 2015 ozone 
NAAQS. In those areas of Indian country, this final 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. 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 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 June 6, 2022. 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, Ozone, Reporting and 
recordkeeping requirements, Volatile organic compounds.


[[Page 19631]]


    Dated: March 29, 2022.
Martha Guzman Aceves,
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. Section 52.120, paragraph (e), table 1 is amended:
0
a. Under the heading ``Part D Elements and Plans for the Metropolitan 
Phoenix and Tucson Areas,'' by adding entries for ``SIP Revision: 
Marginal Ozone Plan for the Yuma Nonattainment Area (dated December 17, 
2020), excluding chapter D and appendix C'' and ``Supplemental 
Information for the Yuma Ozone Marginal Non-Attainment Area State 
Implementation Plan Emission Inventory (dated June 30, 2021)'' before 
the entry for ``SIP Revision: Hayden Lead Nonattainment Area, excluding 
Appendix C''; and
0
b. Under the heading ``Part D Elements and Plans for the Metropolitan 
Phoenix and Tucson Areas'' by adding an entry for ``MAG 2020 Eight-Hour 
Ozone Plan--Submittal of Marginal Area Requirements for the Maricopa 
Nonattainment Area (dated June 2020), excluding the chapter titled 
``Emissions Statements--CAA Section 182(a)(3)(B)'' '' after the entry 
for ``Reasonably Available Control Technology (RACT) Analysis, Negative 
Declaration and Rules Adoption''.
    The additions 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
       Name of SIP provision        or nonattainment area       State/submittal date                  EPA approval date                  Explanation
                                       or title/subject
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                                             The State of Arizona Air Pollution Control Implementation Plan
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                                                                      * * * * * * *
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                                   Part D Elements and Plans (Other than for the Metropolitan Phoenix or Tucson Areas)
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SIP Revision: Marginal Ozone Plan   Yuma 2015 8-hour       December 22, 2020............  April 5, 2022, [INSERT Federal Register   Adopted by the
 for the Yuma Nonattainment Area     ozone nonattainment                                   CITATION].                                Arizona Department
 (dated December 17, 2020),          area.                                                                                           of Environmental
 excluding chapter D and appendix                                                                                                    Quality on December
 C.                                                                                                                                  22, 2020.
Supplemental Information for the    Yuma 2015 8-hour       July 1, 2021.................  April 5, 2022, [INSERT Federal Register   Submitted as a
 Yuma Ozone Marginal Non-            ozone nonattainment                                   CITATION].                                supplement to the
 Attainment Area State               area.                                                                                           SIP Revision:
 Implementation Plan Emission                                                                                                        Marginal Ozone Plan
 Inventory (dated June 30, 2021).                                                                                                    for the Yuma
                                                                                                                                     Nonattainment Area
                                                                                                                                     on July 1, 2021.
 
                                                                      * * * * * * *
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                                         Part D Elements and Plans for the Metropolitan Phoenix and Tucson Areas
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                                                                      * * * * * * *
MAG 2020 Eight-Hour Ozone Plan--    Phoenix-Mesa 2015 8-   July 8, 2020.................  April 5, 2022, [INSERT Federal Register   Adopted by the
 Submittal of Marginal Area          hour ozone                                            CITATION].                                Arizona Department
 Requirements for the Maricopa       nonattainment area.                                                                             of Environmental
 Nonattainment Area (dated June                                                                                                      Quality on July 7,
 2020), excluding the chapter                                                                                                        2020.
 titled ``Emissions Statements--
 CAA Section 182(a)(3)(B)''.
 
                                                                      * * * * * * *
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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.

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[FR Doc. 2022-07056 Filed 4-4-22; 8:45 am]
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