Determination of Attainment by the Attainment Date; 2006 24-Hour Fine Particulate Matter National Ambient Air Quality Standard; Pinal County, Arizona, 17368-17371 [2019-08309]
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Federal Register / Vol. 84, No. 80 / Thursday, April 25, 2019 / Proposed Rules
Dated: April 4, 2019.
Deborah Jordan,
Acting Regional Administrator, Region IX.
[FR Doc. 2019–08308 Filed 4–24–19; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2019–0068; FRL–9992–70–
Region 9]
Determination of Attainment by the
Attainment Date; 2006 24-Hour Fine
Particulate Matter National Ambient Air
Quality Standard; Pinal County,
Arizona
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to determine
that the West Central Pinal County
nonattainment area attained the 2006
24-hour national ambient air quality
standard (NAAQS) for particulate matter
with a diameter of 2.5 micrometers or
smaller (PM2.5 or ‘‘fine particulate
matter’’) by December 31, 2017, the
statutory attainment date for the area.
The proposal is based on the three-year
average of annual 98th percentile 24hour concentrations for the 2015–2017
period, using complete, quality-assured,
and certified PM2.5 monitoring data.
DATES: Written comments must arrive
on or before May 28, 2019.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R09–
OAR–2019–0068 at https://
www.regulations.gov. For comments
submitted at Regulations.gov, follow the
online instructions for submitting
comments. Once submitted, comments
cannot be edited or removed from
Regulations.gov. The EPA may publish
any comment received to its public
docket. Do not submit electronically any
information you consider to be
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. The EPA will generally not
consider comments or comment
contents located outside of the primary
submission (i.e., on the web, cloud, or
other file sharing system). For
additional submission methods, please
contact the person identified in the FOR
FURTHER INFORMATION CONTACT section.
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SUMMARY:
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For the full EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Jerry
Wamsley, EPA Region IX, (415) 947–
4111, wamsley.jerry@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us’’
and ‘‘our’’ refer to the EPA.
Table of Contents
I. Background and Regulatory Context
II. Criteria for Determining That an Area Has
Attained the 2006 24-Hour PM2.5
NAAQS
III. The EPA’s Proposed Action and
Associated Rationale
A. Data Completeness, Network Review,
and Certification of Data
B. State and Local Air Monitoring Stations
Site Replacement
C. Determination of Attainment
IV. Summary of Our Proposed Action
V. Statutory and Executive Order Reviews
I. Background and Regulatory Context
This proposed action is related to the
ongoing efforts of states and the EPA to
implement the PM2.5 NAAQS. Since the
EPA’s initial promulgation of the
NAAQS to address fine particulate
matter, there have been significant
rulemaking and litigation developments
that affect these ongoing efforts. To
clarify the proper application of the
statutory and regulatory requirements to
this action, the EPA is providing a
detailed explanation of PM2.5
implementation efforts, nationally and
in West Central Pinal County, Arizona.
On July 18, 1997, the EPA established
the first NAAQS for PM2.5 (‘‘the 1997
PM2.5 Standards’’), including an annual
standard of 15.0 micrograms per cubic
meter (mg/m3) based on a three-year
average of annual mean PM2.5
concentrations, and a 24-hour (or daily)
standard of 65 mg/m3 based on a threeyear average of the 98th percentile of 24hour concentrations.1 The EPA
established the 1997 PM2.5 Standards
based on significant evidence and
numerous health studies demonstrating
the serious health effects associated
with exposures to PM2.5. To provide
guidance on the Clean Air Act (CAA)
requirements for state and tribal
implementation plans to implement the
1997 PM2.5 Standards, the EPA
promulgated the ‘‘Final Clean Air Fine
Particle Implementation Rule’’ in
October 2007 (hereinafter, the ‘‘2007
PM2.5 Implementation Rule’’).2 The
Natural Resources Defense Council
1 62
2 72
PO 00000
FR 38652 (July 18, 1997).
FR 20586 (April 25, 2007).
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(NRDC) subsequently filed a petition for
review challenging certain aspects of
this rule.
On October 17, 2006, the EPA
strengthened the 24-hour PM2.5 NAAQS
by revising it to 35 mg/m3 and retained
the level of the annual PM2.5 standard at
15.0 mg/m3.3 Following promulgation of
a new or revised NAAQS, the EPA is
required by the CAA to promulgate
designations for areas throughout the
U.S. in accordance with section
107(d)(1) of the CAA. On November 13,
2009, the EPA designated 31 areas
across the U.S. with respect to the
revised 2006 24-hour PM2.5 NAAQS,
requiring states to prepare and submit
attainment plans to meet those
NAAQS.4 At the time of the 2009
designations, the states and the EPA
were operating under the interpretations
of the CAA set forth in the 2007 PM2.5
Implementation Rule, which covered
issues such as the timing of attainment
plan submissions, the content of
attainment plan submissions, and the
relevant attainment dates. The EPA
deferred making a PM2.5 designation for
Pinal County, Arizona in its November
13, 2009 designations action.
On February 3, 2011, the EPA
designated a portion of state lands in
Pinal County, Arizona (‘‘West Central
Pinal County’’) as nonattainment for the
2006 PM2.5 NAAQS based on 2006–2008
data.5 For more information on our
designation of West Central Pinal
County, see the February 3, 2011 final
rule.6 On October 26, 2012, the EPA
designated nearby areas of Indian
country of the Ak-Chin Indian
Community and the Gila River Indian
Community, which lie within the 2009
deferred area, as ‘‘unclassifiable/
attainment’’ for the 2006 PM2.5 NAAQS
based on improved air quality.7 These
areas of Indian country are not
addressed in this proposal.
On March 2, 2012, the EPA issued its
‘‘Implementation Guidance for the 2006
24-Hour Fine Particle (PM2.5) National
Ambient Air Quality Standards’’ to
provide guidance to states on the
development of attainment plans to
demonstrate attainment with the 2006
24-hour PM2.5 NAAQS (‘‘March 2012
Implementation Guidance’’).8 This
3 71
FR 61144 (October 17, 2006).
FR 58688 (November 13, 2009).
5 76 FR 6056 (February 3, 2011).
6 The boundaries for the West Central Pinal
County nonattainment area are described in 40 CFR
81.303.
7 77 FR 65310 (October 26, 2012).
8 Memorandum dated March 2, 2012, from
Stephen D. Page, Director, Office of Air Quality
Planning and Standards, to EPA Regional Air
Directors, Regions I–X, ‘‘Implementation Guidance
for the 2006 24-Hour Fine Particle (PM2.5) National
4 74
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guidance largely instructed states to rely
on the 2007 PM2.5 Implementation Rule
in developing plans to demonstrate
attainment of the 2006 24-hour PM2.5
NAAQS. The EPA based the 2007 PM2.5
Implementation Rule on the
requirements of subpart 1, part D of title
I of the CAA (‘‘subpart 1’’).
On January 4, 2013, the U.S. Court of
Appeals for the D.C. Circuit issued its
decision regarding the NRDC’s legal
challenge to the EPA’s 2007 PM2.5
Implementation Rule.9 In NRDC v. EPA,
the court held that the EPA erred in
implementing the 1997 PM2.5 NAAQS
pursuant only to the general
implementation requirements of subpart
1, rather than also to the
implementation requirements specific to
coarse particulate matter (PM10) in
subpart 4, part D of title I of the CAA
(‘‘subpart 4’’). The court reasoned that
the plain meaning of the CAA requires
implementation of the 1997 PM2.5
NAAQS under subpart 4 because PM2.5
falls within the statutory definition of
PM10; consequently, implementation of
the PM2.5 NAAQS is subject to the same
statutory requirements as the PM10
NAAQS. The court remanded the rule
and instructed the EPA ‘‘to
repromulgate these rules pursuant to
Subpart 4 consistent with this
opinion.’’ 10
Given the result of the NRDC v. EPA
decision, the EPA withdrew its March
2012 Implementation Guidance for
implementation of the 2006 24-hour
PM2.5 NAAQS. When withdrawing this
guidance, the EPA advised states that
the statutory requirements of subpart 4
apply to attainment plans for these
NAAQS and reminded states about preexisting EPA guidance regarding subpart
4 requirements. One practical
consequence of the application of
subpart 4 to states with areas designated
nonattainment for the 2006 24-hour
PM2.5 NAAQS is that the applicable
statutory attainment date is governed by
CAA section 188(c), which states that
for areas classified as Moderate, the
statutory 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.’’
Consistent with the NRDC v. EPA
decision, the EPA published a final rule
on June 2, 2014, classifying all areas that
were designated nonattainment for the
1997 and/or 2006 PM2.5 standards at the
time as Moderate under subpart 4.11 The
Ambient Air Quality Standards.’’ This guidance
was withdrawn June 6, 2013.
9 NRDC v. EPA, 706 F. 3d 428 (D.C. Cir. 2013).
10 Id. at 437.
11 79 FR 31566 (June 2, 2014).
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EPA also established a due date of
December 31, 2014, for states to submit
state implementation plan (SIP)
revisions related to attainment and
nonattainment new source review
required for these areas pursuant to
subpart 4. This rulemaking did not
affect the statutory attainment dates
imposed in subpart 4 and merely
provided states with the opportunity to
update or revise any prior attainment
plan submissions, if necessary, to meet
subpart 4 requirements considering the
2013 court decision. This rulemaking
did not affect any action that the EPA
had previously taken under CAA
section 110(k) on a SIP for a PM2.5
nonattainment area.
On September 4, 2013, EPA issued a
clean data determination for the West
Central Pinal County 2006 24-hour
PM2.5 nonattainment area based on three
years of complete, quality-assured, and
certified data for the 2010–2012 time
frame.12 The EPA’s clean data
determination suspended certain CAA
requirements for the West Central Pinal
County nonattainment area for so long
as the area continues to attain the 2006
PM2.5 NAAQS, including requirements
to submit an attainment demonstration
pursuant to section 189(a)(1)(B), the
reasonably available control measure
(RACM) provisions of section
189(a)(1)(C), the reasonable further
progress (RFP) provisions of section
189(c), and related attainment
demonstration, RACM, RFP and
contingency measure provisions
requirements of subpart 1, section
172.13
For an area classified as Moderate
under the CAA, section 188(c) states
that the statutory 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.’’ Therefore, the
applicable attainment date for West
Central Pinal County, designated
nonattainment in 2011 and classified as
Moderate in 2014, was December 31,
2017.14 CAA section 188(b)(2) requires
the EPA to determine whether any PM2.5
nonattainment area classified as
Moderate attained the relevant PM2.5
NAAQS by the area’s attainment date
and requires the EPA to make such a
determination within six months after
that date. If that Moderate area has not
attained the NAAQS by the relevant
attainment date, then the CAA requires
12 78
FR 54394 (September 4, 2013).
a discussion of the Clean Data
Determination for West Central Pinal County and
our clean data policy as applied at that time, see
our proposed rulemaking at 78 FR 41901 (July 12,
2013).
14 79 FR 31566, 31569, fn 5.
13 For
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17369
this area be reclassified to Serious. The
2006 24-hour PM2.5 NAAQS is met
when the 24-hour PM2.5 design value at
each eligible monitoring site is less than
or equal to 35 mg/m3, as explained
further in Section II of this proposal.15
II. Criteria for Determining That an
Area Has Attained the 2006 24-Hour
PM2.5 NAAQS
Under 40 CFR part 50, section 50.13
and in accordance with Appendix N, a
nonattainment area meets the 2006 24hour PM2.5 NAAQS when the area’s
design value is less than or equal to 35
mg/m3, based on the rounding
convention in 40 CFR part 50, Appendix
N, at each eligible monitoring site
within the area. Our determination of
whether an area’s air quality meets the
2006 24-hour PM2.5 NAAQS is generally
based upon three years of complete,
quality-assured data gathered at
established state and local air
monitoring stations (SLAMS) in a
nonattainment area and entered into the
EPA’s Air Quality System (AQS)
database.16 Ambient air quality data
must meet data completeness or
substitution requirements for each year
under consideration. The completeness
requirements are met when at least 75
percent of the scheduled sampling days
for each quarter have valid data.17 Data
from ambient air monitors operated by
state or local agencies in compliance
with the EPA monitoring requirements
must be submitted to AQS. Monitoring
agencies certify annually that these data
are accurate to the best of their
knowledge. Accordingly, the EPA relies
primarily on data in AQS when
determining the attainment status of
areas.
III. The EPA’s Proposed Action and
Associated Rationale
The EPA’s proposal is pursuant to the
Agency’s statutory obligation, under
CAA section 188(b)(2), to determine
whether the West Central Pinal County
nonattainment area has attained the
2006 24-hour PM2.5 NAAQS by
December 31, 2017. As discussed above
in Section II, a nonattainment area must
meet several criteria concerning its
ambient data if the nonattainment area
is to be determined as meeting the 2006
15 An area’s highest design value for the 24-hour
PM2.5 NAAQS is the highest of the three-year
average of annual 98th percentile 24-hour average
PM2.5 mass concentration values recorded at each
eligible monitoring site. See definition of ‘‘Design
values’’ in 40 CFR part 50, Appendix N, 1.0(c).
16 Because we are determining attainment of the
PM2.5 NAAQS as of December 31, 2017, in this
proposal, the applicable 3-year data review period
is 2015–2017. AQS is the EPA’s national repository
of ambient air quality data.
17 40 CFR part 50, Appendix N, section 4.2(b).
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24-hour PM2.5 NAAQS. These criteria
include complete, quality-assured and
certified data collected from a valid
ambient air quality monitoring network
and a design value calculated from the
ambient data to be less than the
applicable NAAQS. Our proposed
action and rationale for our proposal are
described below.
A. Data Completeness, Network Review,
and Certification of Data
In accordance with 40 CFR part 50,
Appendix N, a finding of attainment of
the 2006 24-hour PM2.5 NAAQS must
generally be based upon complete,
quality-assured data gathered at eligible
monitoring sites in the nonattainment
area and entered in the AQS. For the 24hour PM2.5 standards, Appendix N
defines eligible monitoring sites as those
that meet the technical requirements in
40 CFR 58.11 and 58.30. All data are
reviewed to determine the area’s air
quality status in accordance with 40
CFR 50, Appendix N.18
The PM2.5 ambient air quality
monitoring data collected within the
West Central Pinal County
nonattainment area for the 2015–2017
three-year period must meet data
completeness or substitution criteria
according to 40 CFR part 50, Appendix
N. The ambient air quality monitoring
data completeness requirements are met
when quarterly data capture rates for all
four quarters in a calendar year are at
least 75 percent. For the purposes of this
proposal, we reviewed the data for the
2015–2017 period for completeness and
determined that the PM2.5 data collected
by Pinal County met the completeness
criterion for all 12 quarters at PM2.5
monitoring sites in the West Central
Pinal County nonattainment area.
The EPA’s determination as to
whether an area has attained the PM2.5
NAAQS pursuant to CAA section
188(b)(2) is based on monitored ambient
air quality data. The validity of this
determination of attainment depends in
part on whether the monitoring network
adequately measures ambient PM2.5
levels in the nonattainment area. Pinal
County, Arizona, is the governmental
agency with the authority and
responsibilities under the State’s laws
for collecting ambient air quality data
for the West Central Pinal County
nonattainment area. Pinal County
submits annual monitoring network
plans to the EPA. These plans discuss
the status of the air monitoring network,
as required under 40 CFR part 58. The
18 For detailed descriptions of the EPA’s data and
monitoring requirements refer to 40 CFR 50.13; 40
CFR part 50, Appendix L; 40 CFR part 53; 40 CFR
part 58, and 40 CFR part 58, appendices A, C, D,
and E.
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EPA reviews these annual network
plans for compliance with the
applicable reporting requirements in 40
CFR 58.10. With respect to PM2.5, we
have found that the annual network
plans submitted by Pinal County meet
the applicable requirements under 40
CFR part 58.19 Furthermore, we
concluded in our ‘‘Technical Systems
Audit Report’’ of Pinal County’s
ambient air quality monitoring program
that the ambient air monitoring network
currently meets or exceeds the
requirements for the minimum number
of monitoring sites designated as
SLAMS for PM2.5 in the West Central
Pinal County nonattainment area.20
Pinal County certifies annually that the
data it submits to AQS are qualityassured and has done so for each year
relevant to our determination of
attainment, 2015–2017.21
B. State and Local Air Monitoring
Stations Site Replacement
In January 2016, Pinal County
relocated the PM2.5 SLAMS monitoring
site operating at the Cowtown location
and began operating a new PM2.5
SLAMS monitoring site at the Hidden
Valley location.22 Beginning in late
2013, Pinal County and the EPA
engaged in a cooperative multi-year
process to review alternative locations
and relocate the Cowtown PM2.5 SLAMS
monitoring site. Over the course of 2014
and 2015, Pinal County operated
temporary monitors at two other
potential monitoring site locations (i.e.,
Hidden Valley; and White and Parker).
This allowed Pinal County and the EPA
to assess the data from each location
and to determine if either of the
proposed monitoring site locations met
the applicable system modification
requirements in 40 CFR part 58.14 for
monitoring site relocation. Based on an
assessment of PM2.5 concentrations,
19 We have included in our docket the
correspondence transmitting our annual network
reviews, e.g., correspondence dated October 30,
2017, from Gwen Yoshimura, Manager, Air Quality
Analysis Office, EPA Region IX, to Michael
Sundblom, Director, Pinal County Air Quality
Control District.
20 We have included in our docket the
correspondence concerning our audits, e.g.,
correspondence dated September 28, 2016, from
Elizabeth Adams, Division Director, Air Division,
EPA Region IX, to Michael Sundblom, Director,
Pinal County Air Quality Control District.
21 We have included in our docket Pinal County’s
annual data certifications for 2015, 2016 and 2017,
e.g., correspondence dated April 30, 2018, from
Josh DeZeeuw, Air Quality Manager, Pinal County
Air Quality Control District, to Elizabeth Adams,
Division Director, Air Division, EPA Region IX.
Annual data certification requirements can be
found at 40 CFR 58.15.
22 The site identification numbers are as follows:
Cowtown (AQS ID: 04–021–3013); and, Hidden
Valley (AQS ID: 04–021–3015).
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land use, and nearby sources, the EPA
approved the relocation of the Cowtown
PM2.5 SLAMS monitoring site to the
new Hidden Valley location.
Specifically, the EPA found that the
Hidden Valley location provided the
most similar concentrations from
similar sources to the Cowtown
monitoring site, thus meeting the
requirement that a new location is, in
fact, a nearby location with the same
scale of representation. As noted in the
EPA’s approval, the data from the old
and new monitoring site locations will
be combined to form one continuous
data record for design value
calculations.23 Consequently, the 2015–
2017 design value is a composite data
record consisting of 2015 data from the
Cowtown monitoring site and 2016 and
2017 data from the Hidden Valley
monitoring site.
C. Determination of Attainment
The EPA’s evaluation of whether the
West Central Pinal County
nonattainment area has met the 2006
PM2.5 24-hour NAAQS is based on our
review of the monitoring data, the
adequacy of the PM2.5 monitoring
network in the nonattainment area, and
the reliability of the data collected by
the network, as discussed previously.
Table 1 shows the annual 98th
percentile concentrations for the years
2015–2017.24 The design value for the
2015–2017 period is calculated as the
average of the annual 98th percentiles
for each of the three years according to
40 CFR 50, Appendix N, section 4.5.
Table 1 shows the calculated 24-hour
PM2.5 design value for the Cowtown and
Hidden Valley monitoring sites within
the West Central Pinal County
nonattainment area for the 2015–2017
period. The data show that the 24-hour
design value for the 2015–2017 period,
32 mg/m3, was equal to or less than 35
mg/m3, the 2006 PM2.5 24-hour NAAQS.
Thus, the EPA proposes to determine,
based upon three years of complete,
quality-assured and certified data from
2015–2017, that the West Central Pinal
County nonattainment area has attained
the 2006 24-hour PM2.5 NAAQS by the
applicable attainment date.
23 For a complete discussion of the EPA’s review
and approval of the Cowtown monitoring site
relocation, refer to correspondence dated October
22, 2015, from Meredith Kurpius, EPA Region IX,
to Michael Sundblom, Pinal County Air Quality
Control District, in the docket for this proposed
rulemaking.
24 AQS, Combined Site Sample Values Report,
dated March 28, 2019, in the docket for this
proposed rulemaking.
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TABLE 1—WEST CENTRAL PINAL COUNTY NONATTAINMENT AREA DESIGN VALUE FOR THE 2006 PM2.5 24-HOUR NAAQS
WITH ANNUAL 98TH PERCENTILE CONCENTRATIONS
[μg/m3]
98th percentile
AQS Site
ID No.
Monitor
Cowtown ..........................................................................
Hidden Valley ...................................................................
04–021–3013
04–021–3015
2015
2016
2017
2015–2017
design value
22.6
........................
........................
34.0
........................
38.2
32
........................
Source: AQS, Combined Site Sample Values Report, dated March 28, 2019.
IV. Summary of Our Proposed Action
Today, in accordance with section
188(b)(2) of the CAA, the EPA is
proposing to determine that the West
Central Pinal County Moderate
nonattainment area attained the 2006
24-hour PM2.5 NAAQS by its applicable
attainment date, December 31, 2017.
Our determination of attainment is
based on complete, quality-assured and
certified PM2.5 monitoring data for the
appropriate three-year period, 2015–
2017. We are soliciting comments on
this proposed determination of
attainment by the attainment date.
If our proposal is finalized as
proposed, West Central Pinal County
will remain a Moderate nonattainment
area and will not be reclassified to a
Serious nonattainment area. A final rule
determining that West Central Pinal
County attained the 2006 24-hour PM2.5
NAAQS by its applicable attainment
date would not, however, constitute a
redesignation of the area to attainment.
States are required to meet several
additional statutory requirements before
the EPA can redesignate a
nonattainment area to attainment of a
NAAQS, including the EPA’s approval
of a state implementation plan
demonstrating maintenance of the
NAAQS for ten years after
redesignation. The EPA is committed to
working with states that submit
redesignation requests for the 2006 24hour PM2.5 NAAQS. Our proposal today
only addresses our statutory obligation
to determine if the West Central Pinal
County nonattainment area has attained
the 2006 24-hour PM2.5 NAAQS by its
applicable attainment date, December
31, 2017.
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V. Statutory and Executive Order
Reviews
This action proposes to determine
that the West Central Pinal County has
met the 2006 24-hour PM2.5 NAAQS as
a statement of fact according to
regulations and requirements discussed
in the proposal. For that reason, this
proposed action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
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of Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Is not an Executive Order 13771 (82
FR 9339, February 2, 2017) regulatory
action because this action is not
significant 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.);
• 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
disproportionate human health or
environmental effects with practical,
appropriate, and legally permissible
methods under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this proposed
determination 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 proposed determination
does not have tribal implications and
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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).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Nitrogen dioxides,
Fine particulate matter, Ammonia,
Sulfur dioxides, Volatile organic
compounds, Incorporation by reference,
Intergovernmental relations, Reporting
and recordkeeping requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: April 15, 2019.
Deborah Jordan,
Acting Regional Administrator, Region IX.
[FR Doc. 2019–08309 Filed 4–24–19; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 0, 1, 51, 61, 63, and 69
[WC Docket Nos. 18–141, 17–144, 16–143,
05–25, and RM–10593; DA 19–281]
Wireline Competition Bureau Seeks
Focused Additional Comment in
Business Data Services and
USTelecom Forbearance Petition
Proceedings and Reopens Secure Data
Enclave
Federal Communications
Commission.
ACTION: Proposed rule.
AGENCY:
In this document, the
Wireline Competition Bureau reopens
the secure data enclave, supplements
the record in the business data services
(BDS) and USTelecom proceedings with
additional tables and information
placed in the secure data enclave, and
seeks focused comment on whether the
additional data informs the extent of
competition for transport.
DATES: Comments are due May 9, 2019
and reply comments are due May 16,
2019.
ADDRESSES: Participants in the price cap
BDS proceedings previously authorized
to access the secure data enclave
SUMMARY:
E:\FR\FM\25APP1.SGM
25APP1
]]>Agencies
[Federal Register Volume 84, Number 80 (Thursday, April 25, 2019)]
[Proposed Rules]
[Pages 17368-17371]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-08309]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2019-0068; FRL-9992-70-Region 9]
Determination of Attainment by the Attainment Date; 2006 24-Hour
Fine Particulate Matter National Ambient Air Quality Standard; Pinal
County, Arizona
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
determine that the West Central Pinal County nonattainment area
attained the 2006 24-hour national ambient air quality standard (NAAQS)
for particulate matter with a diameter of 2.5 micrometers or smaller
(PM2.5 or ``fine particulate matter'') by December 31, 2017,
the statutory attainment date for the area. The proposal is based on
the three-year average of annual 98th percentile 24-hour concentrations
for the 2015-2017 period, using complete, quality-assured, and
certified PM2.5 monitoring data.
DATES: Written comments must arrive on or before May 28, 2019.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2019-0068 at https://www.regulations.gov. For comments submitted at
Regulations.gov, follow the online instructions for submitting
comments. Once submitted, comments cannot be edited or removed from
Regulations.gov. The EPA may publish any comment received to its public
docket. Do not submit electronically any information you consider to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Multimedia submissions (audio,
video, etc.) must be accompanied by a written comment. The written
comment is considered the official comment and should include
discussion of all points you wish to make. The EPA will generally not
consider comments or comment contents located outside of the primary
submission (i.e., on the web, cloud, or other file sharing system). For
additional submission methods, please contact the person identified in
the FOR FURTHER INFORMATION CONTACT section. For the full EPA public
comment policy, information about CBI or multimedia submissions, and
general guidance on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.
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. Background and Regulatory Context
II. Criteria for Determining That an Area Has Attained the 2006 24-
Hour PM2.5 NAAQS
III. The EPA's Proposed Action and Associated Rationale
A. Data Completeness, Network Review, and Certification of Data
B. State and Local Air Monitoring Stations Site Replacement
C. Determination of Attainment
IV. Summary of Our Proposed Action
V. Statutory and Executive Order Reviews
I. Background and Regulatory Context
This proposed action is related to the ongoing efforts of states
and the EPA to implement the PM2.5 NAAQS. Since the EPA's
initial promulgation of the NAAQS to address fine particulate matter,
there have been significant rulemaking and litigation developments that
affect these ongoing efforts. To clarify the proper application of the
statutory and regulatory requirements to this action, the EPA is
providing a detailed explanation of PM2.5 implementation
efforts, nationally and in West Central Pinal County, Arizona.
On July 18, 1997, the EPA established the first NAAQS for
PM2.5 (``the 1997 PM2.5 Standards''), including
an annual standard of 15.0 micrograms per cubic meter ([micro]g/m\3\)
based on a three-year average of annual mean PM2.5
concentrations, and a 24-hour (or daily) standard of 65 [micro]g/m\3\
based on a three-year average of the 98th percentile of 24-hour
concentrations.\1\ The EPA established the 1997 PM2.5
Standards based on significant evidence and numerous health studies
demonstrating the serious health effects associated with exposures to
PM2.5. To provide guidance on the Clean Air Act (CAA)
requirements for state and tribal implementation plans to implement the
1997 PM2.5 Standards, the EPA promulgated the ``Final Clean
Air Fine Particle Implementation Rule'' in October 2007 (hereinafter,
the ``2007 PM2.5 Implementation Rule'').\2\ The Natural
Resources Defense Council (NRDC) subsequently filed a petition for
review challenging certain aspects of this rule.
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\1\ 62 FR 38652 (July 18, 1997).
\2\ 72 FR 20586 (April 25, 2007).
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On October 17, 2006, the EPA strengthened the 24-hour
PM2.5 NAAQS by revising it to 35 [micro]g/m\3\ and retained
the level of the annual PM2.5 standard at 15.0 [micro]g/
m\3\.\3\ Following promulgation of a new or revised NAAQS, the EPA is
required by the CAA to promulgate designations for areas throughout the
U.S. in accordance with section 107(d)(1) of the CAA. On November 13,
2009, the EPA designated 31 areas across the U.S. with respect to the
revised 2006 24-hour PM2.5 NAAQS, requiring states to
prepare and submit attainment plans to meet those NAAQS.\4\ At the time
of the 2009 designations, the states and the EPA were operating under
the interpretations of the CAA set forth in the 2007 PM2.5
Implementation Rule, which covered issues such as the timing of
attainment plan submissions, the content of attainment plan
submissions, and the relevant attainment dates. The EPA deferred making
a PM2.5 designation for Pinal County, Arizona in its
November 13, 2009 designations action.
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\3\ 71 FR 61144 (October 17, 2006).
\4\ 74 FR 58688 (November 13, 2009).
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On February 3, 2011, the EPA designated a portion of state lands in
Pinal County, Arizona (``West Central Pinal County'') as nonattainment
for the 2006 PM2.5 NAAQS based on 2006-2008 data.\5\ For
more information on our designation of West Central Pinal County, see
the February 3, 2011 final rule.\6\ On October 26, 2012, the EPA
designated nearby areas of Indian country of the Ak-Chin Indian
Community and the Gila River Indian Community, which lie within the
2009 deferred area, as ``unclassifiable/attainment'' for the 2006
PM2.5 NAAQS based on improved air quality.\7\ These areas of
Indian country are not addressed in this proposal.
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\5\ 76 FR 6056 (February 3, 2011).
\6\ The boundaries for the West Central Pinal County
nonattainment area are described in 40 CFR 81.303.
\7\ 77 FR 65310 (October 26, 2012).
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On March 2, 2012, the EPA issued its ``Implementation Guidance for
the 2006 24-Hour Fine Particle (PM2.5) National Ambient Air
Quality Standards'' to provide guidance to states on the development of
attainment plans to demonstrate attainment with the 2006 24-hour
PM2.5 NAAQS (``March 2012 Implementation Guidance'').\8\
This
[[Page 17369]]
guidance largely instructed states to rely on the 2007 PM2.5
Implementation Rule in developing plans to demonstrate attainment of
the 2006 24-hour PM2.5 NAAQS. The EPA based the 2007
PM2.5 Implementation Rule on the requirements of subpart 1,
part D of title I of the CAA (``subpart 1'').
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\8\ Memorandum dated March 2, 2012, from Stephen D. Page,
Director, Office of Air Quality Planning and Standards, to EPA
Regional Air Directors, Regions I-X, ``Implementation Guidance for
the 2006 24-Hour Fine Particle (PM2.5) National Ambient
Air Quality Standards.'' This guidance was withdrawn June 6, 2013.
---------------------------------------------------------------------------
On January 4, 2013, the U.S. Court of Appeals for the D.C. Circuit
issued its decision regarding the NRDC's legal challenge to the EPA's
2007 PM2.5 Implementation Rule.\9\ In NRDC v. EPA, the court
held that the EPA erred in implementing the 1997 PM2.5 NAAQS
pursuant only to the general implementation requirements of subpart 1,
rather than also to the implementation requirements specific to coarse
particulate matter (PM10) in subpart 4, part D of title I of
the CAA (``subpart 4''). The court reasoned that the plain meaning of
the CAA requires implementation of the 1997 PM2.5 NAAQS
under subpart 4 because PM2.5 falls within the statutory
definition of PM10; consequently, implementation of the
PM2.5 NAAQS is subject to the same statutory requirements as
the PM10 NAAQS. The court remanded the rule and instructed
the EPA ``to repromulgate these rules pursuant to Subpart 4 consistent
with this opinion.'' \10\
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\9\ NRDC v. EPA, 706 F. 3d 428 (D.C. Cir. 2013).
\10\ Id. at 437.
---------------------------------------------------------------------------
Given the result of the NRDC v. EPA decision, the EPA withdrew its
March 2012 Implementation Guidance for implementation of the 2006 24-
hour PM2.5 NAAQS. When withdrawing this guidance, the EPA
advised states that the statutory requirements of subpart 4 apply to
attainment plans for these NAAQS and reminded states about pre-existing
EPA guidance regarding subpart 4 requirements. One practical
consequence of the application of subpart 4 to states with areas
designated nonattainment for the 2006 24-hour PM2.5 NAAQS is
that the applicable statutory attainment date is governed by CAA
section 188(c), which states that for areas classified as Moderate, the
statutory 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.''
Consistent with the NRDC v. EPA decision, the EPA published a final
rule on June 2, 2014, classifying all areas that were designated
nonattainment for the 1997 and/or 2006 PM2.5 standards at
the time as Moderate under subpart 4.\11\ The EPA also established a
due date of December 31, 2014, for states to submit state
implementation plan (SIP) revisions related to attainment and
nonattainment new source review required for these areas pursuant to
subpart 4. This rulemaking did not affect the statutory attainment
dates imposed in subpart 4 and merely provided states with the
opportunity to update or revise any prior attainment plan submissions,
if necessary, to meet subpart 4 requirements considering the 2013 court
decision. This rulemaking did not affect any action that the EPA had
previously taken under CAA section 110(k) on a SIP for a
PM2.5 nonattainment area.
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\11\ 79 FR 31566 (June 2, 2014).
---------------------------------------------------------------------------
On September 4, 2013, EPA issued a clean data determination for the
West Central Pinal County 2006 24-hour PM2.5 nonattainment
area based on three years of complete, quality-assured, and certified
data for the 2010-2012 time frame.\12\ The EPA's clean data
determination suspended certain CAA requirements for the West Central
Pinal County nonattainment area for so long as the area continues to
attain the 2006 PM2.5 NAAQS, including requirements to
submit an attainment demonstration pursuant to section 189(a)(1)(B),
the reasonably available control measure (RACM) provisions of section
189(a)(1)(C), the reasonable further progress (RFP) provisions of
section 189(c), and related attainment demonstration, RACM, RFP and
contingency measure provisions requirements of subpart 1, section
172.\13\
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\12\ 78 FR 54394 (September 4, 2013).
\13\ For a discussion of the Clean Data Determination for West
Central Pinal County and our clean data policy as applied at that
time, see our proposed rulemaking at 78 FR 41901 (July 12, 2013).
---------------------------------------------------------------------------
For an area classified as Moderate under the CAA, section 188(c)
states that the statutory 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.'' Therefore, the applicable
attainment date for West Central Pinal County, designated nonattainment
in 2011 and classified as Moderate in 2014, was December 31, 2017.\14\
CAA section 188(b)(2) requires the EPA to determine whether any
PM2.5 nonattainment area classified as Moderate attained the
relevant PM2.5 NAAQS by the area's attainment date and
requires the EPA to make such a determination within six months after
that date. If that Moderate area has not attained the NAAQS by the
relevant attainment date, then the CAA requires this area be
reclassified to Serious. The 2006 24-hour PM2.5 NAAQS is met
when the 24-hour PM2.5 design value at each eligible
monitoring site is less than or equal to 35 [micro]g/m\3\, as explained
further in Section II of this proposal.\15\
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\14\ 79 FR 31566, 31569, fn 5.
\15\ An area's highest design value for the 24-hour
PM2.5 NAAQS is the highest of the three-year average of
annual 98th percentile 24-hour average PM2.5 mass
concentration values recorded at each eligible monitoring site. See
definition of ``Design values'' in 40 CFR part 50, Appendix N,
1.0(c).
---------------------------------------------------------------------------
II. Criteria for Determining That an Area Has Attained the 2006 24-Hour
PM2.5 NAAQS
Under 40 CFR part 50, section 50.13 and in accordance with Appendix
N, a nonattainment area meets the 2006 24-hour PM2.5 NAAQS
when the area's design value is less than or equal to 35 [micro]g/m\3\,
based on the rounding convention in 40 CFR part 50, Appendix N, at each
eligible monitoring site within the area. Our determination of whether
an area's air quality meets the 2006 24-hour PM2.5 NAAQS is
generally based upon three years of complete, quality-assured data
gathered at established state and local air monitoring stations (SLAMS)
in a nonattainment area and entered into the EPA's Air Quality System
(AQS) database.\16\ Ambient air quality data must meet data
completeness or substitution requirements for each year under
consideration. The completeness requirements are met when at least 75
percent of the scheduled sampling days for each quarter have valid
data.\17\ Data from ambient air monitors operated by state or local
agencies in compliance with the EPA monitoring requirements must be
submitted to AQS. Monitoring agencies certify annually that these data
are accurate to the best of their knowledge. Accordingly, the EPA
relies primarily on data in AQS when determining the attainment status
of areas.
---------------------------------------------------------------------------
\16\ Because we are determining attainment of the
PM2.5 NAAQS as of December 31, 2017, in this proposal,
the applicable 3-year data review period is 2015-2017. AQS is the
EPA's national repository of ambient air quality data.
\17\ 40 CFR part 50, Appendix N, section 4.2(b).
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III. The EPA's Proposed Action and Associated Rationale
The EPA's proposal is pursuant to the Agency's statutory
obligation, under CAA section 188(b)(2), to determine whether the West
Central Pinal County nonattainment area has attained the 2006 24-hour
PM2.5 NAAQS by December 31, 2017. As discussed above in
Section II, a nonattainment area must meet several criteria concerning
its ambient data if the nonattainment area is to be determined as
meeting the 2006
[[Page 17370]]
24-hour PM2.5 NAAQS. These criteria include complete,
quality-assured and certified data collected from a valid ambient air
quality monitoring network and a design value calculated from the
ambient data to be less than the applicable NAAQS. Our proposed action
and rationale for our proposal are described below.
A. Data Completeness, Network Review, and Certification of Data
In accordance with 40 CFR part 50, Appendix N, a finding of
attainment of the 2006 24-hour PM2.5 NAAQS must generally be
based upon complete, quality-assured data gathered at eligible
monitoring sites in the nonattainment area and entered in the AQS. For
the 24-hour PM2.5 standards, Appendix N defines eligible
monitoring sites as those that meet the technical requirements in 40
CFR 58.11 and 58.30. All data are reviewed to determine the area's air
quality status in accordance with 40 CFR 50, Appendix N.\18\
---------------------------------------------------------------------------
\18\ For detailed descriptions of the EPA's data and monitoring
requirements refer to 40 CFR 50.13; 40 CFR part 50, Appendix L; 40
CFR part 53; 40 CFR part 58, and 40 CFR part 58, appendices A, C, D,
and E.
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The PM2.5 ambient air quality monitoring data collected
within the West Central Pinal County nonattainment area for the 2015-
2017 three-year period must meet data completeness or substitution
criteria according to 40 CFR part 50, Appendix N. The ambient air
quality monitoring data completeness requirements are met when
quarterly data capture rates for all four quarters in a calendar year
are at least 75 percent. For the purposes of this proposal, we reviewed
the data for the 2015-2017 period for completeness and determined that
the PM2.5 data collected by Pinal County met the
completeness criterion for all 12 quarters at PM2.5
monitoring sites in the West Central Pinal County nonattainment area.
The EPA's determination as to whether an area has attained the
PM2.5 NAAQS pursuant to CAA section 188(b)(2) is based on
monitored ambient air quality data. The validity of this determination
of attainment depends in part on whether the monitoring network
adequately measures ambient PM2.5 levels in the
nonattainment area. Pinal County, Arizona, is the governmental agency
with the authority and responsibilities under the State's laws for
collecting ambient air quality data for the West Central Pinal County
nonattainment area. Pinal County submits annual monitoring network
plans to the EPA. These plans discuss the status of the air monitoring
network, as required under 40 CFR part 58. The EPA reviews these annual
network plans for compliance with the applicable reporting requirements
in 40 CFR 58.10. With respect to PM2.5, we have found that
the annual network plans submitted by Pinal County meet the applicable
requirements under 40 CFR part 58.\19\ Furthermore, we concluded in our
``Technical Systems Audit Report'' of Pinal County's ambient air
quality monitoring program that the ambient air monitoring network
currently meets or exceeds the requirements for the minimum number of
monitoring sites designated as SLAMS for PM2.5 in the West
Central Pinal County nonattainment area.\20\ Pinal County certifies
annually that the data it submits to AQS are quality-assured and has
done so for each year relevant to our determination of attainment,
2015-2017.\21\
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\19\ We have included in our docket the correspondence
transmitting our annual network reviews, e.g., correspondence dated
October 30, 2017, from Gwen Yoshimura, Manager, Air Quality Analysis
Office, EPA Region IX, to Michael Sundblom, Director, Pinal County
Air Quality Control District.
\20\ We have included in our docket the correspondence
concerning our audits, e.g., correspondence dated September 28,
2016, from Elizabeth Adams, Division Director, Air Division, EPA
Region IX, to Michael Sundblom, Director, Pinal County Air Quality
Control District.
\21\ We have included in our docket Pinal County's annual data
certifications for 2015, 2016 and 2017, e.g., correspondence dated
April 30, 2018, from Josh DeZeeuw, Air Quality Manager, Pinal County
Air Quality Control District, to Elizabeth Adams, Division Director,
Air Division, EPA Region IX. Annual data certification requirements
can be found at 40 CFR 58.15.
---------------------------------------------------------------------------
B. State and Local Air Monitoring Stations Site Replacement
In January 2016, Pinal County relocated the PM2.5 SLAMS
monitoring site operating at the Cowtown location and began operating a
new PM2.5 SLAMS monitoring site at the Hidden Valley
location.\22\ Beginning in late 2013, Pinal County and the EPA engaged
in a cooperative multi-year process to review alternative locations and
relocate the Cowtown PM2.5 SLAMS monitoring site. Over the
course of 2014 and 2015, Pinal County operated temporary monitors at
two other potential monitoring site locations (i.e., Hidden Valley; and
White and Parker). This allowed Pinal County and the EPA to assess the
data from each location and to determine if either of the proposed
monitoring site locations met the applicable system modification
requirements in 40 CFR part 58.14 for monitoring site relocation. Based
on an assessment of PM2.5 concentrations, land use, and
nearby sources, the EPA approved the relocation of the Cowtown
PM2.5 SLAMS monitoring site to the new Hidden Valley
location. Specifically, the EPA found that the Hidden Valley location
provided the most similar concentrations from similar sources to the
Cowtown monitoring site, thus meeting the requirement that a new
location is, in fact, a nearby location with the same scale of
representation. As noted in the EPA's approval, the data from the old
and new monitoring site locations will be combined to form one
continuous data record for design value calculations.\23\ Consequently,
the 2015-2017 design value is a composite data record consisting of
2015 data from the Cowtown monitoring site and 2016 and 2017 data from
the Hidden Valley monitoring site.
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\22\ The site identification numbers are as follows: Cowtown
(AQS ID: 04-021-3013); and, Hidden Valley (AQS ID: 04-021-3015).
\23\ For a complete discussion of the EPA's review and approval
of the Cowtown monitoring site relocation, refer to correspondence
dated October 22, 2015, from Meredith Kurpius, EPA Region IX, to
Michael Sundblom, Pinal County Air Quality Control District, in the
docket for this proposed rulemaking.
---------------------------------------------------------------------------
C. Determination of Attainment
The EPA's evaluation of whether the West Central Pinal County
nonattainment area has met the 2006 PM2.5 24-hour NAAQS is
based on our review of the monitoring data, the adequacy of the
PM2.5 monitoring network in the nonattainment area, and the
reliability of the data collected by the network, as discussed
previously. Table 1 shows the annual 98th percentile concentrations for
the years 2015-2017.\24\ The design value for the 2015-2017 period is
calculated as the average of the annual 98th percentiles for each of
the three years according to 40 CFR 50, Appendix N, section 4.5. Table
1 shows the calculated 24-hour PM2.5 design value for the
Cowtown and Hidden Valley monitoring sites within the West Central
Pinal County nonattainment area for the 2015-2017 period. The data show
that the 24-hour design value for the 2015-2017 period, 32 [micro]g/
m\3\, was equal to or less than 35 [micro]g/m\3\, the 2006
PM2.5 24-hour NAAQS. Thus, the EPA proposes to determine,
based upon three years of complete, quality-assured and certified data
from 2015-2017, that the West Central Pinal County nonattainment area
has attained the 2006 24-hour PM2.5 NAAQS by the applicable
attainment date.
---------------------------------------------------------------------------
\24\ AQS, Combined Site Sample Values Report, dated March 28,
2019, in the docket for this proposed rulemaking.
[[Page 17371]]
Table 1--West Central Pinal County Nonattainment Area Design Value for the 2006 PM2.5 24-Hour NAAQS With Annual
98th Percentile Concentrations
[[micro]g/m\3\]
----------------------------------------------------------------------------------------------------------------
98th percentile
Monitor AQS Site ID No. ------------------------------------------------ 2015-2017
2015 2016 2017 design value
----------------------------------------------------------------------------------------------------------------
Cowtown....................... 04-021-3013 22.6 .............. .............. 32
Hidden Valley................. 04-021-3015 .............. 34.0 38.2 ..............
----------------------------------------------------------------------------------------------------------------
Source: AQS, Combined Site Sample Values Report, dated March 28, 2019.
IV. Summary of Our Proposed Action
Today, in accordance with section 188(b)(2) of the CAA, the EPA is
proposing to determine that the West Central Pinal County Moderate
nonattainment area attained the 2006 24-hour PM2.5 NAAQS by
its applicable attainment date, December 31, 2017. Our determination of
attainment is based on complete, quality-assured and certified
PM2.5 monitoring data for the appropriate three-year period,
2015-2017. We are soliciting comments on this proposed determination of
attainment by the attainment date.
If our proposal is finalized as proposed, West Central Pinal County
will remain a Moderate nonattainment area and will not be reclassified
to a Serious nonattainment area. A final rule determining that West
Central Pinal County attained the 2006 24-hour PM2.5 NAAQS
by its applicable attainment date would not, however, constitute a
redesignation of the area to attainment. States are required to meet
several additional statutory requirements before the EPA can
redesignate a nonattainment area to attainment of a NAAQS, including
the EPA's approval of a state implementation plan demonstrating
maintenance of the NAAQS for ten years after redesignation. The EPA is
committed to working with states that submit redesignation requests for
the 2006 24-hour PM2.5 NAAQS. Our proposal today only
addresses our statutory obligation to determine if the West Central
Pinal County nonattainment area has attained the 2006 24-hour
PM2.5 NAAQS by its applicable attainment date, December 31,
2017.
V. Statutory and Executive Order Reviews
This action proposes to determine that the West Central Pinal
County has met the 2006 24-hour PM2.5 NAAQS as a statement
of fact according to regulations and requirements discussed in the
proposal. For that reason, this proposed 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);
Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because this action is not significant 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.);
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 disproportionate human health or environmental effects with
practical, appropriate, and legally permissible methods under Executive
Order 12898 (59 FR 7629, February 16, 1994).
In addition, this proposed determination 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 proposed determination 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).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Nitrogen dioxides,
Fine particulate matter, Ammonia, Sulfur dioxides, Volatile organic
compounds, Incorporation by reference, Intergovernmental relations,
Reporting and recordkeeping requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: April 15, 2019.
Deborah Jordan,
Acting Regional Administrator, Region IX.
[FR Doc. 2019-08309 Filed 4-24-19; 8:45 am]
BILLING CODE 6560-50-P
