[Federal Register Volume 87, Number 156 (Monday, August 15, 2022)]
[Rules and Regulations]
[Pages 49997-50000]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-17189]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[EPA-R09-OAR-2021-0869; FRL-9503-02-R9]
Maintenance Plan and Redesignation Request; Nogales PM2.5
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 ``FINAL SIP Revision: Nogales PM2.5
Maintenance Plan and Redesignation Request (2006 Fine Particulate
NAAQS)'' (``Nogales Maintenance Plan'' or ``Plan'') as a revision to
the state implementation plan (SIP) for the State of Arizona. The
Nogales Maintenance Plan includes, among other elements, an emissions
inventory consistent with attainment, a maintenance demonstration,
contingency provisions, and a motor vehicle emissions budget for the
ten-year maintenance period. The EPA is also approving the State of
Arizona's request to redesignate the Nogales planning area (``Nogales
area'') from nonattainment to attainment for the 2006 24-hour national
ambient air quality standards (NAAQS) for particulate matter of 2.5
micrometers or less (PM2.5). The EPA is finalizing these
actions because this SIP revision meets the applicable Clean Air Act
(CAA or ``Act'') requirements 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 Nogales area.
DATES: This rule is effective September 14, 2022.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-EPA-R09-OAR-2021-0869. 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: Lindsay Wickersham, Air Planning
Office (AIR-2), EPA Region IX, 75 Hawthorne Street, San Francisco, CA
94105, 415-947-4192, 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 the EPA's Proposed Action
II. Public Comments
III. Environmental Justice Considerations
IV. Final Action
V. Statutory and Executive Order Reviews
I. Summary of the EPA's Proposed Action
On March 2, 2022, under CAA section 110(k)(3), the EPA proposed to
approve the Nogales Maintenance Plan submitted by the Arizona
Department of Environmental Quality (ADEQ) on April 13, 2021, as a
revision to the Arizona SIP.\1\ In so doing, we proposed to find that
the Nogales Maintenance Plan adequately demonstrates that the area will
maintain the 2006 PM2.5 NAAQS for 10 years beyond
redesignation and includes sufficient contingency provisions to
promptly correct any violation of the PM2.5 NAAQS that
occurs after redesignation, and thereby
[[Page 49998]]
meets the requirements for maintenance plans under CAA section 175A. We
also proposed to find the Nogales area motor vehicle emissions budgets
(``budgets'') for PM2.5 and nitrogen oxides (NOX)
for 2032 adequate and approve the budgets for transportation conformity
purposes. The motor vehicle emissions budgets that the EPA proposed to
find adequate and approve are winter daily budgets of 637.0 tons per
day (tpd) PM2.5 and 513.0 tpd NOX and annual
budgets of 116.2 tons per year (tpy) PM2.5 and 93.7 tpy
NOX.\2\
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\1\ 87 FR 11664. See also letter dated April 7, 2021, from
Daniel Czecholinski, Director, Air Quality Division, Arizona
Department of Environmental Quality, to Deborah Jordan, Acting
Regional Administrator, EPA Region IX. Subsequently, Arizona made an
electronic submittal of the Nogales Maintenance Plan on April 13,
2021, via the EPA's State Plan Electronic Collection System.
\2\ Consultation with the Arizona Department of Transportation
and ADEQ indicate that the State prefers EPA action on only the
annual budgets.
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In our proposed rule, under CAA section 107(d)(3)(D), we also
proposed to grant ADEQ's request to redesignate the Nogales area from
``nonattainment'' to ``attainment'' for the 2006 PM2.5
NAAQS. We proposed to do so based on our conclusion that the Nogales
area has attained the 2006 PM2.5 NAAQS based on the
following: the most recent three-year period (2018-2020) of quality-
assured, certified, and complete PM2.5 data; \3\ the
relevant portions of the Arizona SIP are, or will be as part of this
action, fully approved; the improvement in air quality is due to
permanent and enforceable emissions reductions; Arizona has met all
requirements applicable to the Nogales area with respect to section 110
and part D of the CAA if we finalize our approval of the attainment
inventory in the Nogales Maintenance Plan; based on our proposed
approval as described above, the Nogales Maintenance Plan meets the
requirements for maintenance plans under section 175A of the CAA and
therefore, Arizona has met the criteria for redesignation under CAA
section 107(d)(3)(E) for the Nogales PM2.5 area.
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\3\ The Nogales 24-hour design value for 2021 remained in
attainment at 29 micrograms per cubic meter; EPA, 2021 AQS Design
Value Report (AMP480) dated June 7, 2022; also available at EPA,
PM2.5 Design Values, 2021, https://www.epa.gov/air-trends/air-quality-design-values.
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Please see our proposed rule for a detailed discussion of the
background for this action, our procedural and substantive review of
the Nogales Maintenance Plan and associated budgets, and the rationale
for our proposed approval of the Nogales Maintenance Plan and for
granting ADEQ's request for redesignation of the Nogales area to
attainment.
II. Public Comments
Our March 2, 2022 proposed rule provided a 30-day public comment
period that closed on April 1, 2022. During this comment period we
received no comments on our proposal.
III. Environmental Justice Considerations
As discussed in the proposed rule, to identify environmental
burdens and susceptible populations in underserved communities in the
Nogales area, we performed a screening-level analysis using the EPA's
environmental justice (EJ) screening and mapping tool (``EJSCREEN'').
Our screening-level analysis included multiple environmental and
demographic indicators, including the EJSCREEN ``Demographic Index,''
which is the average of an area's percentage of minority and low-income
populations. The Demographic Index for the Nogales area is at the 95th
percentile, compared to the United States as a whole.\4\
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\4\ Nogales 2006 PM fine Nonattainment Area EJSCREEN Results,
dated January 18, 2022.
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When the EPA establishes a new or revised NAAQS, the CAA requires
the EPA to designate all areas of the U.S. as either nonattainment,
attainment, or unclassifiable. If an area is designated nonattainment
of the NAAQS, the CAA provides for the EPA to redesignate the area to
attainment upon a demonstration by the state authority that the
criteria for a redesignation are met, including a showing that the area
is currently attaining the NAAQS and will maintain the NAAQS for 10
years beyond redesignation in order to ensure that all those residing,
working, attending school, or otherwise present in those areas are
protected. This action addresses a plan for continued attainment of the
2006 PM2.5 NAAQS for the Nogales area. Approval of this plan
does not impose any additional regulatory requirements on sources
beyond those imposed by state law. As discussed in this document,
Arizona has demonstrated that the Nogales area is attaining the 2006
PM2.5 NAAQS and the Nogales Maintenance Plan provides for
the maintenance of the NAAQS for 10 years beyond redesignation. For
these reasons, this action will not result in disproportionately
adverse human health or environmental effects on communities with
environmental justice concerns.
IV. Final Action
Under CAA section 110(k)(3), and for the reasons set forth in our
March 2, 2022 proposed rule, the EPA is taking final action to approve
the Nogales Maintenance Plan as a revision to the Arizona SIP. The EPA
finds that the maintenance demonstration showing the area will continue
to attain the 2006 PM2.5 NAAQS for 10 years beyond
redesignation, and the contingency provisions describing the actions
that 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 finding the
2032 annual motor vehicle emission budgets of 116.2 tpy
PM2.5 and 93.7 tpy NOX adequate and approving
these budgets for transportation conformity purposes because we find
they meet all applicable criteria for such budgets including the
adequacy criteria under 40 CFR 93.118(e).\5\
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\5\ The EPA also proposed to find adequate and approve winter
daily budgets of 637.0 tpd PM2.5 and 513.0 tpd
NOX. Following consultation with the Arizona Department
of Transportation and ADEQ, we are just finalizing approval of the
annual budgets, consistent with the form of the approved budgets for
particulate matter with an aerodynamic diameter of less than or
equal to a nominal ten micrometers (PM10) in the Nogales
area. See 77 FR 58962, 58964, Table 1.
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Under CAA section 107(d)(3)(D), we are also taking final action to
grant ADEQ's request, which accompanied the submittal of the Nogales
Maintenance Plan, to redesignate the Nogales area to attainment for the
24-hour PM2.5 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 of the following: the area has attained the 24-hour
PM2.5 NAAQS; relevant portions of the Arizona SIP are, or
will be as part of this action, fully approved; the improvement in air
quality is due to permanent and enforceable reductions in emissions;
Arizona has met all requirements applicable to the Nogales area with
respect to section 110 and part D of the CAA upon final approval of the
attainment inventory in the Nogales Maintenance Plan; and our approval
(as part of this action) of the Nogales Maintenance Plan.
V. Statutory and Executive Order Reviews
Under the CAA, 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, 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
[[Page 49999]]
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 CAA; and
Will not have disproportionately high and adverse human
health or environmental effects on minority populations, low-income
populations and/or indigenous peoples, as specified in Executive Order
12898 (59 FR 7629, February 16, 1994), as discussed in Section IV of
this proposal.
In addition, there are no areas of Indian country within the
Nogales area, and the state plan for which the EPA is finalizing
approval does not 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, this final action 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,
impact 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 14, 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
40 CFR Part 52
Environmental protection, Air pollution control, Ammonia,
Incorporation by reference, Intergovernmental relations, Nitrogen
dioxide, Particulate matter, Reporting and recordkeeping requirements,
Sulfur oxides, Volatile organic compounds.
40 CFR Part 81
Environmental protection, Air pollution control, National parks,
Wilderness areas.
Dated: August 4, 2022.
Martha Guzman Aceves,
Regional Administrator, Region IX.
Part 52, chapter I, title 40 of the Code of Federal Regulations is
amended 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, in paragraph (e), table 1 is amended, under the
table heading ``Part D Elements and Plans (Other than for the
Metropolitan Phoenix or Tucson Areas),'' by adding an entry for ``FINAL
SIP Revision: Nogales PM2.5 Redesignation Request and
Maintenance Plan (April 13, 2021)'' after the entry for ``Arizona State
Implementation Plan Revision for the Nogales PM2.5
Nonattainment Area (September 2013), including appendices A and B'' 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 State
Name of SIP provision nonattainment area submittal date EPA approval date Explanation
or title/subject
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Part D Elements and Plans (Other than for the Metropolitan Phoenix or Tucson Areas)
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* * * * * * *
FINAL SIP Revision: Nogales PM2.5 Nogales PM2.5. Air April 13, 2021 August 15, 2022, Adopted by the
Maintenance Plan and Quality Planning [Insert Federal Arizona Department
Redesignation Request (2006 Fine Area. Register citation]. of Environmental
Particulate NAAQS). Quality and
submitted to the
EPA as an
attachment to
letter dated April
7, 2021.
[[Page 50000]]
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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 revising the table ``Arizona--2006 24-
Hour PM2.5 NAAQS,'' the entry under Nogales: Santa Cruz
County (part) for ``Nogales planning area'' to read as follows:
Sec. 81.303 Arizona.
* * * * *
Arizona--2006 24-Hour PM2.5 NAAQS
[Primary and Secondary]
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Designation \a\ Classification
Designated area -----------------------------------------------------------------------------------------------------------------------
Date \1\ Type Date \2\ Type
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Nogales:
Santa Cruz County (part) September 14, 2022................ Attainment.
Nogales Planning area bound
as follows: The portions of
the following Townships
which are within the State
of Arizona and lie east of
111 longitude: T23S, R13E,
T23S, R14E; T24S, R14E,
T24S, R14E.
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\a\ Includes Indian Country located in each county or area, except as otherwise specified.
\1\ This date is 30 days after November 13, 2009, unless otherwise noted.
\2\ This date is July 2, 2014, unless otherwise noted
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[FR Doc. 2022-17189 Filed 8-12-22; 8:45 am]
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