[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]


=======================================================================
-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

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\
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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\
---------------------------------------------------------------------------

    \4\ Nogales 2006 PM fine Nonattainment Area EJSCREEN Results, 
dated January 18, 2022.
---------------------------------------------------------------------------

    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\
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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\
----------------------------------------------------------------------------------------------------------------
                                        Applicable
                                      geographic or          State
      Name of SIP provision         nonattainment area  submittal date   EPA approval date       Explanation
                                     or title/subject
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
               Part D Elements and Plans (Other than for the Metropolitan Phoenix or Tucson Areas)
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
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]]

 
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
\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]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                        Designation \a\                                             Classification
         Designated area         -----------------------------------------------------------------------------------------------------------------------
                                               Date \1\                        Type                        Date \2\                        Type
--------------------------------------------------------------------------------------------------------------------------------------------------------
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.
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
\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

* * * * *
[FR Doc. 2022-17189 Filed 8-12-22; 8:45 am]
BILLING CODE 6560-50-P