Determination of Attainment by the Attainment Date for the 2008 Ozone National Ambient Air Quality Standards; Phoenix-Mesa, Arizona, 27566-27570 [2019-12517]
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comments electronically, by mail, or
through hand delivery or courier
following the directions in the
ADDRESSES section of this Federal
Register.
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IX. Statutory and Executive Order
Reviews
Under the Clean Air Act, the
Administrator is required to approve a
SIP submission that complies with the
provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k);
40 CFR 52.02(a). Thus, in reviewing SIP
submissions, the EPA’s role is to
approve state choices, provided that
they meet the criteria of the Clean Air
Act. Accordingly, this action merely
approves state law as meeting Federal
requirements and does not impose
additional requirements beyond those
imposed by state law. For that reason,
this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Order 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the Clean Air Act;
and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
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This proposed rulemaking pertaining
to New York’s section 110(a)(2)
infrastructure requirements for the 2008
Ozone NAAQS, 2012 PM2.5 NAAQS,
and 2010 SO2 NAAQS does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is
not approved to apply in Indian country
located in the State, and EPA notes it
will not impose substantial direct costs
on tribal governments or preempt tribal
law.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Ozone, Particulate matter, Reporting
and recordkeeping requirements, Sulfur
oxides, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: May 28, 2019.
Peter D. Lopez,
Regional Administrator, Region 2.
[FR Doc. 2019–12181 Filed 6–12–19; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 81
[EPA–R9–OAR–2018–0821 FRL–9995–11–
Region 9]
Determination of Attainment by the
Attainment Date for the 2008 Ozone
National Ambient Air Quality
Standards; Phoenix-Mesa, Arizona
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to determine
that the Phoenix-Mesa ozone
nonattainment area (‘‘Phoenix NAA’’),
which is classified as ‘‘Moderate’’ for
the 2008 ozone National Ambient Air
Quality Standards (NAAQS or
‘‘standards’’), attained the NAAQS by its
Moderate area attainment date of July
20, 2018. This determination is based on
complete, quality-assured, and certified
data for 2015–2017. This proposed
action is necessary to fulfill the EPA’s
statutory obligation to determine
whether ozone nonattainment areas
attained the NAAQS by the attainment
date.
DATES: Any comments must arrive by
July 15, 2019.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R09–
OAR–2018–0821 at https://
www.regulations.gov. For comments
SUMMARY:
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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:
Nancy Levin, EPA Region IX, 75
Hawthorne Street, San Francisco, CA
94105. By phone: (415) 972–3848 or by
email at levin.nancy@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ refer to the EPA.
Table of Contents
I. What is the Background for this action?
A. Ozone NAAQS, Area Designations, and
Classifications
B. Ambient Air Quality Monitoring Data
II. What is the EPA’s analysis of the relevant
air quality data?
A. Monitoring Network and Data
Considerations
B. Evaluation of the Ambient Air Quality
Data
III. Proposed Action
IV. Environmental Justice Considerations
V. Statutory and Executive Order Reviews
I. What is the background for this
action?
A. Ozone NAAQS, Area Designations,
and Classifications
The Clean Air Act (CAA or ‘‘Act’’)
requires the EPA to establish national
primary and secondary standards for
certain widespread pollutants, such as
ozone, which cause or contribute to air
pollution that is reasonably anticipated
to endanger public health or welfare.1 In
1 CAA sections 108 and 109. Primary standards
represent ambient air quality standards the
attainment and maintenance of which the EPA has
determined, including a margin of safety, are
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the 1970s, the EPA promulgated
primary and secondary ozone standards
based on a 1-hour average. In 1997, we
replaced the 1-hour ozone standards
with primary and secondary 8-hour
ozone standards. In 2008, we revised the
8-hour ozone standards to the level of
0.075 parts per million (ppm), daily
maximum 8-hour average.2 Since the
primary and secondary ozone standards
are the same, we refer to them hereafter
in this document using the singular
‘‘2008 ozone standard’’ (or simply
‘‘standard’’) or NAAQS. The 2008 ozone
standard is met at an ambient air quality
monitoring site when the design value
is less than or equal to 0.075 ppm, as
determined in accordance with 40 CFR
part 50, appendix P.3 The design value
is a statistic that describes the air
quality status of a given location relative
to the level of the NAAQS. For the
purpose of comparison with the 2008
ozone standard, the design value for a
site is the 3-year average of the annual
fourth-highest daily maximum 8-hour
average ozone concentrations.
The EPA designated NAAs for the
2008 ozone standard on May 21, 2012,
effective July 20, 2012.4 In that action,
the EPA classified (by operation of law)
the Phoenix NAA as ‘‘Marginal’’
nonattainment. The original attainment
date for the 2008 ozone standard for this
Marginal ozone NAA was as expeditious
as practicable but not later than July 20,
2015.5
Section 181(b)(2)(A) of the CAA
requires that within 6 months following
the applicable attainment date, the EPA
must determine whether an ozone NAA
attained the ozone standard based on
the area’s design value as of that date.
In May 2016, the EPA determined that
the Phoenix NAA failed to attain the
2008 ozone standard by the applicable
attainment date of July 20, 2015, and
reclassified the area to the next higher
classification, i.e., ‘‘Moderate.’’ Our
determination was based on complete,
quality-assured, and certified data for
requisite to protect the public health. Secondary
standards represent ambient air quality standards
the attainment and maintenance of which the EPA
has determined are requisite to protect the public
welfare from any known or anticipated adverse
effects associated with the presence of such air
pollutant in the ambient air. CAA section 109(b).
2 73 FR 16436 (March 27, 2008); 40 CFR 50.15.
In 2015, we tightened the ozone National Ambient
Air Quality Standards (NAAQS or ‘‘standards’’)
even further and established 0.070 parts per million
(ppm), 8-hour average, as the new ozone NAAQS.
80 FR 65292 (October 26, 2015). While the 1979 1hour ozone NAAQS and 1997 8-hour ozone NAAQS
have been revoked, the 2008 ozone NAAQS remains
in effect.
3 40 CFR 50.15.
4 77 FR 30088.
5 40 CFR 51.1103(a).
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2012–2014.6 States with Moderate
ozone areas are required to submit
revisions to the applicable state
implementation plan (SIP) that comply
with the requirements set forth in
subpart 2 of part D of title I of the CAA
and in the EPA’s ozone implementation
rule for the 2008 ozone NAAQS in 40
CFR part 51, subpart AA. The relevant
SIP requirements include, among other
requirements, attainment
demonstrations and associated
reasonably available control measures,
reasonable further progress (RFP) plans,
and contingency measures for failure to
attain or make RFP. The applicable
attainment date for areas classified as
Moderate nonattainment for the 2008
ozone NAAQS is as expeditious as
practicable but not later than July 20,
2018.7 Because the design value is based
on the three most recent, complete
calendar years of data, attainment must
occur no later than December 31 of the
year prior to the attainment date (i.e.,
December 31, 2017, in the case of
Moderate NAAs for the 2008 ozone
NAAQS).
B. Ambient Air Quality Monitoring Data
A determination of whether an area’s
air quality meets the 2008 ozone
NAAQS is generally based upon three
consecutive calendar years of complete,
quality-assured data measured at
established State and Local Air
Monitoring Stations (SLAMS) in the
NAA and entered into the EPA Air
Quality System (AQS) database. Data
from ambient air monitoring sites
operated by state or local agencies in
compliance with EPA monitoring
requirements must be submitted to
AQS. Heads of monitoring agencies
annually certify 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 an area.8 All ozone
data are reviewed to determine the
area’s air quality status in accordance
with 40 CFR part 50, appendix P.
When the design value is less than or
equal to 0.075 ppm (based on the
rounding convention in 40 CFR part 50,
appendix P) at each monitoring site
within the area, then the area is meeting
the 2008 ozone NAAQS. To make the
determination that an area attains the
NAAQS, each monitor must have a
6 81 FR 26697 (May 4, 2016). The 2012–2014
design value for the Phoenix NAA was 0.080 parts
per million, which exceeded the 2008 ozone
NAAQS of 0.075 ppm. We note that today’s action
is based on the 2015–2017 design value.
7 40 CFR 51.1103.
8 40 CFR 50.15; 40 CFR part 50, appendix P; 40
CFR part 53; 40 CFR part 58, appendices A, C, D
and E.
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valid design value 9 meeting the
standard.
II. What is the EPA’s analysis of the
relevant air quality data?
A. Monitoring Network and Data
Considerations
The Arizona Department of
Environmental Quality (ADEQ or
‘‘State’’), Maricopa County Air Quality
Department (MCAQD), Pinal County Air
Quality Control District (PCAQCD), and
Salt River Pima-Maricopa Indian
Community (SRPMIC) operate a
combined 24 ozone SLAMS in the
Phoenix NAA (see Table 1 for AQS
identification number, site name, design
value, and completeness data for 2015–
2017 (i.e., the design value period)).
MCAQD operates 18 of these ozone sites
in the Phoenix NAA, however one of
these sites (AQS# 040139706, Rio
Verde) was approved by the EPA for
closure in 2017.10 11 ADEQ operates one
ozone site in the Phoenix NAA (JLG
Supersite). PCAQCD operates one ozone
site in the Phoenix NAA (AJ
Maintenance Yard). SRPMIC operates
four ozone sites in the Phoenix NAA
(Senior Center, Red Mountain, Lehi, and
High School).
State and local air monitoring
agencies are required to submit annual
monitoring network plans to the EPA.12
Tribal monitoring agencies may also
submit such plans. An annual
monitoring network plan discusses the
status of the air monitoring network, as
required under 40 CFR 58.10. MCAQD,
PCAQCD, ADEQ and SRPMIC submit
annual monitoring network plans for
ozone SLAMS in the Phoenix NAA.
Since 2007, the EPA has regularly
reviewed these annual monitoring
network plans for compliance with the
applicable requirements in 40 CFR part
58. With respect to ozone, the EPA has
found that the area’s annual monitoring
network plans for 2015 through 2017
meet the applicable requirements under
40 CFR part 58.13 14 15 16 Furthermore,
9 Design values attaining the 2008 ozone NAAQS
also must meet minimum data completeness
requirements specified in 40 CFR part 50, appendix
P to be considered valid.
10 Blue Point-Sheriff Station-Tonto NF-Salt River
Rec. Area, Buckeye, Cave Creek, Central Phoenix,
Dysart, Falcon Field, Fountain Hills, Glendale,
Humboldt Mountain, Mesa, North Phoenix,
Pinnacle Peak, Rio Verde, South Phoenix, South
Scottsdale, Tempe, West Chandler, West Phoenix.
11 Letter from Elizabeth J. Adams, Acting Director,
Air Division, EPA Region IX, to Ben Davis, Director,
Air Monitoring Manager, Maricopa County Air
Quality Department (MCAQD), dated September 15,
2017, approving MCAQD’s closure of the Rio Verde
ozone SLAMS site.
12 40 CFR 58.10(a)(1).
13 Letter from Gwen Yoshimura, Acting Manager,
Air Quality Analysis Office, EPA Region IX, to
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the EPA concluded from its Technical
Systems Audits (TSAs) of ADEQ,
MCAQD, and PCAQCD, that the
combined ambient air monitoring
network currently meets or exceeds the
requirements for the minimum number
of SLAMS in the Phoenix NAA for the
2008 ozone standard.17 18 19 The EPA
Philip A. McNeely, Director, Maricopa County Air
Quality Department (MCAQD), dated October 31,
2016, approving MCAQD’s 2015 annual monitoring
network plan; Letter from Gwen Yoshimura,
Manager, Air Quality Analysis Office, EPA Region
IX, to Philip A. McNeely, Director, Maricopa
County Air Quality Department (MCAQD), dated
October 30, 2017, approving MCAQD’s 2016 annual
monitoring network plan; Letter from Gwen
Yoshimura, Manager, Air Quality Analysis Office,
EPA Region IX, to Philip A. McNeely, Director,
Maricopa County Air Quality Department
(MCAQD), dated October 30, 2018, approving
MCAQD’s 2017 annual monitoring network plan.
14 Letter from Gwen Yoshimura, Acting Manager,
Air Quality Analysis Office, EPA Region IX, to
Michael Sundblom, Director, Pinal County Air
Quality Control District (PCAQCD), dated October
31, 2016, approving PCAQCD’s 2015 annual
monitoring network plan; Letter from Gwen
Yoshimura, Manager, Air Quality Analysis Office,
EPA Region IX, to Michael Sundblom, Director,
Pinal County Air Quality Control District
(PCAQCD), dated October 30, 2016, approving
PCAQCD’s 2016 annual monitoring network plan;
Letter from Gwen Yoshimura, Manager, Air Quality
Analysis Office, EPA Region IX, to Michael
Sundblom, Director, Pinal County Air Quality
Control District (PCAQCD), dated October 30, 2018,
approving PCAQCD’s 2017 annual monitoring
network plan.
15 Letter from Gwen Yoshimura, Acting Manager,
Air Quality Analysis Office, EPA Region IX, to
Timothy S. Franquist, Director, Air Quality
Division, Arizona Department of Environmental
Quality (ADEQ), dated November 3, 2016,
approving ADEQ’s 2015 annual monitoring network
plan; Letter from Gwen Yoshimura, Manager, Air
Quality Analysis Office, EPA Region IX, to Timothy
S. Franquist, Director, Air Quality Division, Arizona
Department of Environmental Quality (ADEQ),
dated November 3, 2016, approving ADEQ’s 2016
annual monitoring network plan; Letter from Gwen
Yoshimura, Manager, Air Quality Analysis Office,
EPA Region IX, to Timothy S. Franquist, Director,
Air Quality Division, Arizona Department of
Environmental Quality (ADEQ), dated October 30,
2017, approving ADEQ’s 2017 annual monitoring
network plan.
16 Letter from Gwen Yoshimura, Acting Manager,
Air Quality Analysis Office, EPA Region IX, to
Christopher Horan, Division Manager,
Environmental Protection & Natural Resources
Division, Salt River Pima-Maricopa Indian
Community (SRPMIC), dated October 31, 2016,
approving SRPMIC’s 2015 annual monitoring
network plan; Letter from Gwen Yoshimura,
Manager, Air Quality Analysis Office, EPA Region
IX, to Christopher Horan, Division Manager,
Environmental Protection & Natural Resources
Division, Salt River Pima-Maricopa Indian
Community (SRPMIC), dated October 30, 2017,
approving SRPMIC’s 2016 annual monitoring
network plan; Letter from Gwen Yoshimura,
Manager, Air Quality Analysis Office, EPA Region
IX, to Christopher Horan, Division Manager,
Environmental Protection & Natural Resources
Division, Salt River Pima-Maricopa Indian
Community (SRPMIC), dated October 30, 2018,
approving SRPMIC’s 2017 annual monitoring
network plan.
17 Letter from Elizabeth J. Adams, Director, Air
Division, EPA Region IX, to Mr. Timothy Franquist,
Director, Air Quality Division, ADEQ, dated April
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also conducted a TSA of SRPMIC, but,
as a tribal agency, minimum monitoring
requirements do not apply to SRPMIC.20
MCAQD, PCAQCD, ADEQ and
SRPMIC oversee the quality assurance
of data collected from their sites and
annually certify that their respective
data submitted to AQS are complete and
quality-assured, and have done so for
each year relevant to our determination
of attainment, 2015–2017.21 22 23 24
25, 2019, transmitting findings from the EPA’s 2018
TSA of the ADEQ’s ambient air monitoring
program.
18 Letter from Elizabeth J. Adams, Acting Director,
Air Division, EPA Region IX, to Mr. Michael
Sundblom, Director, PCAQCD, dated September,
28, 2016, transmitting findings from the EPA’s 2016
TSA of the PCAQCD’s ambient air monitoring
program.
19 Letter from Elizabeth J. Adams, Acting Director,
Air Division, EPA Region IX, to Philip A. McNeely,
Director, MCAQD, dated June 12, 2017, transmitting
findings from the EPA’s 2016 TSA of the MCAQD’s
ambient air monitoring program.
20 Letter from Elizabeth J. Adams, Acting Director,
Air Division, EPA Region IX, to Mr. Christopher
Horan, Environmental Director, SRPMIC, dated
August 29, 2017, transmitting findings from the
EPA’s 2016 TSA of the SRPMIC’s ambient air
monitoring program.
21 Letter from Timothy Franquist Jr, Deputy
Director, Air Quality Division, Arizona Department
of Environmental Quality, to Deborah Jordan, EPA
Region IX, dated April 27, 2015 [correct date was
April 27, 2016], Certification of 2015 Ambient Air
Data and Re-Certification of 2014 Ambient Air Data
in AQS Database Reported by ADEQ; Letter from
Timothy S. Franquist, Director, Air Quality
Division, Arizona Department of Environmental
Quality, to Elizabeth Adams, Acting Air Division
Director, Air Division, EPA Region IX, dated April
5, 2017, Certification of 2016 Ambient Air Data and
Re-Certification of 2015 Ambient Air Data in AQS
Database Reported by ADEQ; Letter from Timothy
S. Franquist, Director, Air Quality Division, to
Elizabeth Adams, Air Division Director, EPA Region
IX, dated April 27, 2018, Certification of 2017
Ambient Air Data and Re-Certification of 2016
Ambient Air Data in AQS Database Reported by
ADEQ.
22 Letter from Philip A. McNeely, Director,
Maricopa County Air Quality Department, to
Deborah Jordan, Air Division, EPA Region IX, dated
April 25, 2016, 2015 Data Certification Letter; Letter
from Philip A. McNeely, Director, Maricopa County
Air Quality Department, to Elizabeth Adams, Acting
Director, Air Division, EPA Region IX, dated April
7, 2017, 2016 Data Certification Letter; Letter from
Philip A. McNeely, Director, Maricopa County Air
Quality Department, to Elizabeth Adams, Acting
Director, Air Division, EPA Region IX, dated April
10, 2018, 2017 Data Certification.
23 Letter from Josh DeZeeuw, Air Quality
Manager, Pinal County Air Quality Control District,
to Deborah Jordan, dated April 29, 2016, AQS Data
Certification—2015; Letter from Josh DeZeeuw, Air
Quality Manager, Pinal County Air Quality Control
District, to Elizabeth Adams, dated April 28, 2017,
AQS Data Certification—2016; Letter from Josh
DeZeeuw, Air Quality Manager, Pinal County Air
Quality Control District, to Elizabeth Adams, dated
April 30, 2018, AQS Data Certification—2017.
24 Letter from Christopher Horan, Environmental
Protection & Natural Resources Manager, Salt River
Pima Maricopa Indian Community, to Deborah
Jordan, Director, Air Division, EPA Region IX, dated
April 27, 2016, 2015 AQS Data Certification of
Ambient Air Monitoring Data; Letter from
Christopher Horan, Environmental Protection &
Natural Resources Manager, Salt River Pima
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Lastly, consistent with the
requirements contained in 40 CFR part
50, the EPA has reviewed the qualityassured and certified ozone ambient air
monitoring data for completeness. The
EPA reviewed the data as recorded in
AQS for the applicable monitoring
period, collected at the monitoring sites
in the Phoenix NAA, and has
determined that the data are complete,
except for the Tempe monitoring
station.25 Monitoring at the Tempe
station was temporarily suspended from
April to October in 2015 as a result of
significant modifications by the
landowner to the site. MCAQD notified
the EPA of this temporary closure in
MCAQD’s 2015 annual ambient air
monitoring plan.26 The Tempe
monitoring site was not the design value
monitor in the Phoenix NAA for the five
previous valid design value years
(2010–2014). In addition, Tempe did not
have the highest fourth-highest daily
maximum 8-hour ozone concentrations
in the NAA in 2016 or 2017. For these
reasons, the temporary closure and
invalid 2017 design value at the Tempe
monitoring site does not affect the EPA’s
ability to determine the design value for
the area. For the remaining ozone
monitoring sites in the Phoenix NAA,
daily maximum 8-hour average
concentrations are available for at least
90 percent of the days within the ozone
monitoring season, on average for the
2015–2017 period, and daily maximum
8-hour average concentrations are
available for at least 75 percent of the
days within the ozone monitoring
season for each individual year within
that period. Therefore, the remaining
sites meet the data completeness
requirements of 40 CFR part 50,
appendix P.27
B. Evaluation of the Ambient Air
Quality Data
As noted previously, the applicable
attainment date for the Phoenix NAA is
July 20, 2018. We have reviewed the
Maricopa Indian Community, to Elizabeth Adams,
Acting Director, Air Division, EPA Region IX, dated
March 31, 2016 [correct date was March 31, 2017],
2016 AQS Data Certification of Ambient Air
Monitoring Data; Letter from Christopher Horan,
Environmental Protection & Natural Resources
Manager, Salt River Pima Maricopa Indian
Community, to Elizabeth Adams, Acting Director,
Air Division, EPA Region IX, dated April 13, 2018,
2017 AQS Ambient Air Monitoring Data
Certification.
25 See EPA, Air Quality System, Design Value
Report, May 20, 2019.
26 2015 Air Monitoring Network Plan, Philip A.
McNeely, Director, MCAQD, submitted June 30,
2016.
27 The Rio Verde Ozone SLAMS was approved for
closure in 2017, however, there were sufficient data
for the monitor to still have a valid 2015–2017
design value.
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data collected at the monitoring sites
within that area during the three-year
period preceding the attainment date
(2015–2017) to determine whether the
area attained the 2008 ozone standard
by the attainment date. Table 1 shows
the fourth-highest daily maximum 8hour ozone concentrations for 2015
through 2017, 2015–2017 design values,
and data completness for ozone
monitors within the Phoenix NAA. The
design value for a given area is based on
the monitoring site in the area with the
highest design value.
TABLE 1—PHOENIX NAA: 2015–2017 MONITORING SITE-LEVEL DESIGN VALUES FOR THE 2008 8-HOUR OZONE NAAQS
AQS site ID
4th Highest daily
maximum
8-hour
average value
(ppm)
Site name
2015
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040130019
040131003
040131004
040131010
040132001
040132005
040133002
040133003
040134003
040134004
040134005
040134008
040134010
040134011
040139508
040139702
040139704
040139706
040139997
040137020
040137021
040137022
040137024
040213001
............
............
............
............
............
............
............
............
............
............
............
............
............
............
............
............
............
............
............
............
............
............
............
............
West Phoenix .......
Mesa .....................
North Phoenix .......
Falcon Field ..........
Glendale ...............
Pinnacle Peak ......
Central Phoenix ....
South Scottsdale ..
South Phoenix ......
West Chandler ......
Tempe ..................
Cave Creek ..........
Dysart ...................
Buckeye ................
Humboldt Mtn .......
Blue Point .............
Fountain Hills ........
Rio Verde .............
JLG Supersite .......
Senior Center .......
Red Mountain .......
Lehi .......................
High School ..........
AJ Maintenance ....
.074
.072
.074
.072
.067
.074
.071
.068
.070
.070
N/A
.069
.067
.060
.073
.071
.069
.068
.075
.073
.074
.076
.072
.073
In the EPA’s review of monitoring
data for the 2008 ozone standard for the
Phoenix NAA, the EPA is excluding
certain exceedances of the standard
from the attainment determination
presented herein because they were the
result of exceptional events. ADEQ
provided documentation supporting
requests for concurrence on wildfire
ozone exceptional events covering a
total of 14 exceedances recorded on
June 20, 2015, and July 7, 2017, at
monitors within the Phoenix NAA. The
EPA reviewed the documentation that
ADEQ provided to demonstrate that
these exceedances meet the criteria for
exceptional events under the EPA’s
Exceptional Events Rule.28 The EPA
concurred with ADEQ’s requests for
determinations that, based on the
weight of evidence, the exceedances
were caused by wildfire ozone
28 40 CFR 50.1(j), (k), (l), (m), (n), (o), (p), (q), (r);
50.14; 51.930. See also 40 CFR part 50, appendix
P, section 1.a, (determinations of whether to
exclude, retain, or make adjustments to the data
affected by exceptional events is determined by the
requirements under 40 CFR 50.1, 50.14 and 51.930).
VerDate Sep<11>2014
16:22 Jun 12, 2019
Jkt 247001
2016
Percent complete
2015–2017
Design
value
.071
.075
.075
.073
.066
.074
.070
.070
.067
.069
.068
.071
.063
.059
.072
.071
.068
.070
.075
.070
.071
.072
.070
.072
.077
.078
.077
.078
.068
.077
.071
.070
.072
.074
.065
.071
.076
.070
.074
.074
.073
.068
.076
.075
.079
.077
.075
.079
.074
.075
.075
.074
.067
.075
.070
.069
.069
.071
N/A
.070
.068
.063
.073
.072
.070
.068
.075
.072
.074
.075
.072
.074
III. Proposed Action
The EPA is proposing to determine
that the Phoenix NAA has attained the
2008 ozone standard by its Moderate
area attainment date of July 20, 2018,
29 See letters from Elizabeth J. Adams, Director,
Air Division, EPA Region IX, to Timothy S.
Franquist, Director, Air Quality Division, ADEQ,
dated February 5, 2019, and May 7, 2019.
Frm 00027
2016
2017
2017
exceptional events.29 Accordingly, the
EPA has determined that the monitored
exceedances associated with these
exceptional events should be excluded
from use in determinations of
exceedances and violations, including
the evaluation of whether the Phoenix
NAA has attained by the attainment
date in accordance with CAA section
181(b)(2)(A).
Our proposed determination that the
area has attained the 2008 ozone
NAAQS is based in part on our
concurrence with ADEQ that the
exceedances monitored in the Phoenix
NAA on June 20, 2015, and July 7, 2017,
were caused by wildfire ozone
exceptional events, and our related
exclusion of these exceedances from the
attainment determination.
PO 00000
2015
2015–2017
Average
percent
complete
Fmt 4702
Sfmt 4702
100
100
100
100
98
99
100
98
100
100
12
100
100
98
97
99
100
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98
100
100
100
96
97
100
100
99
98
99
100
100
99
100
100
100
100
100
99
100
100
100
100
94
100
99
99
98
97
100
100
100
99
98
98
99
99
99
100
99
99
89
91
100
99
97
83
98
99
99
97
98
96
100
100
100
99
98
99
100
99
100
100
76
99
95
95
99
100
99
92
97
100
99
99
98
97
based on complete, quality-assured, and
certified ambient air quality monitoring
data for the 2015–2017 monitoring
period. Based on our proposed finding
of attainment by the applicable
attainment date, we are also proposing
to determine that the CAA requirement
for the SIP to provide for contingency
measures to be implemented in the
event the area fails to attain
(‘‘attainment contingency measures’’)
will no longer apply to the Phoenix
NAA. Under CAA section 172(c)(9),
attainment contingency measures must
be implemented only if the area fails to
attain by the attainment date. Therefore,
if we finalize the determination that the
Phoenix NAA has attained the 2008
ozone standard, attainment contingency
measures for this NAAQS would never
be required to be implemented,
regardless of whether the area continues
to attain the NAAQS. The State
submitted contingency measures as part
of the Phoenix area 2008 Moderate
ozone plan adopted in December 2016.
We will defer taking any action on these
measures in light of this proposed
finding of attainment by the applicable
attainment date and resulting
E:\FR\FM\13JNP1.SGM
13JNP1
27570
Federal Register / Vol. 84, No. 114 / Thursday, June 13, 2019 / Proposed Rules
determination that the attainment
contingency measure requirement no
longer applies to the area. The State may
elect to withdraw the attainment
contingency measures to lift the
obligation on the EPA under section
110(k) to act on these measures.
We are not proposing to suspend the
attainment-related requirements for the
Phoenix NAA under 40 CFR 51.1118 at
this time because ozone monitoring data
for 2018 are not consistent with
continued attainment of the standard in
the Phoenix NAA.
We also note that, if finalized, this
proposed determination that the
Phoenix ozone NAA has attained the
2008 ozone NAAQS would not
constitute a redesignation of the area to
attainment for the 2008 ozone standard.
Under CAA section 107(d)(3)(E),
redesignations to attainment require
states to meet a number of additional
statutory criteria, including the EPA’s
approval of a SIP revision
demonstrating maintenance of the
standard for 10 years after
redesignation. The designation status of
the Phoenix area will remain Moderate
nonattainment for the 2008 ozone
NAAQS until such time as the EPA
determines that the area meets the CAA
requirements for redesignation to
attainment.
IV. Environmental Justice
Considerations
The EPA believes that this proposed
action will not have disproportionately
high or adverse human health or
environmental effects on minority, lowincome, or indigenous populations.
The purpose of this rule is to
determine whether the Phoenix NAA
attained the 2008 ozone standard by its
Moderate area attainment date, which is
required under the CAA for purposes of
implementing the 2008 ozone standard.
As such, this action does not directly
affect the level of protection provided
for human health or the environment.
V. Statutory and Executive Order
Reviews
khammond on DSKBBV9HB2PROD with PROPOSALS
A. Executive Order 12866: Regulatory
Planning and Review and Executive
Order 13563: Improving Regulation and
Regulatory Review
This action is not a significant
regulatory action and was therefore not
submitted to the Office of Management
and Budget (OMB) for review.
B. Executive Order 13771: Reducing
Regulations and Controlling Regulatory
Costs
This action is not expected to be an
Executive Order 13771 regulatory action
VerDate Sep<11>2014
16:22 Jun 12, 2019
Jkt 247001
because this action is not significant
under Executive Order 12866.
C. Paperwork Reduction Act (PRA)
This rule does not impose any new
information collection burden under the
PRA not already approved by the OMB.
D. Regulatory Flexibility Act (RFA)
I certify that this action will not have
a significant economic impact on a
substantial number of small entities
under the RFA. This action will not
impose any requirements on small
entities.
E. Unfunded Mandates Reform Act
(UMRA)
This action does not contain any
unfunded mandate as described in
UMRA, 2 U.S.C. 1531–1538, and does
not significantly or uniquely affect small
governments. This action imposes no
enforceable duty on any state, local or
tribal governments, or the private sector.
F. Executive Order 13132: Federalism
This action does not have federalism
implications. It will not have substantial
direct effects on the states, tribes, or the
relationship between the national
government and the states and tribes, or
on the distribution of power and
responsibilities among the various
levels of government.
G. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
This action has tribal implications.
However, it will neither impose
substantial direct compliance costs on
federally recognized tribal governments,
nor preempt tribal law. Four tribes have
areas of Indian country within or
directly adjacent to the Phoenix NAA:
Fort McDowell Yavapai Nation, Gila
River Indian Community, Salt River
Pima-Maricopa Indian Community of
the Salt River Reservation, and the
Tohono O’odham Nation of Arizona.
The EPA intends to communicate with
potentially affected tribes located within
or directly adjacent to the boundaries of
the Phoenix NAA as the agency moves
forward in developing a final rule.
H. Executive Order 13045: Protection of
Children From Environmental Health
and Safety Risks
The EPA interprets Executive Order
13045 as applying only to those
regulatory actions that concern
environmental health or safety risks that
the EPA has reason to believe may
disproportionately affect children, per
the definition of ‘‘covered regulatory
action’’ in section 2–202 of the
Executive Order. This action is not
PO 00000
Frm 00028
Fmt 4702
Sfmt 4702
subject to Executive Order 13045
because it does not concern an
environmental health risk or safety risk.
I. Executive Order 13211: Actions That
Significantly Affect Energy Supply,
Distribution, or Use
This action is not subject to Executive
Order 13211, because it is not a
significant regulatory action under
Executive Order 12866.
J. National Technology Transfer
Advancement Act (NTTAA)
This rulemaking does not involve
technical standards.
K. Executive Order 12898: Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations
The EPA believes the human health or
environmental risk addressed by this
action will not have potential
disproportionately high and adverse
human health or environmental effects
on minority, low-income, or indigenous
populations. The results of this
evaluation are contained in the section
of the preamble titled ‘‘Environmental
Justice Considerations.’’
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Oxides of nitrogen, Ozone, Volatile
organic compounds.
Dated: May 31, 2019.
Deborah Jordan,
Acting Regional Administrator, Region IX.
[FR Doc. 2019–12517 Filed 6–12–19; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 54
[WC Docket No. 06–122; FCC 19–46]
Universal Service Contribution
Methodology
Federal Communications
Commission.
ACTION: Proposed rule.
AGENCY:
In this document, the Federal
Communications Commission
(Commission) seeks comment on
establishing a cap on the Universal
Service Fund (USF or Fund) and ways
it could enable the Commission to
evaluate the financial aspects of the four
USF programs in a more holistic way,
and thereby better achieve the
overarching universal service principles
SUMMARY:
E:\FR\FM\13JNP1.SGM
13JNP1
]]>Agencies
[Federal Register Volume 84, Number 114 (Thursday, June 13, 2019)]
[Proposed Rules]
[Pages 27566-27570]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-12517]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[EPA-R9-OAR-2018-0821 FRL-9995-11-Region 9]
Determination of Attainment by the Attainment Date for the 2008
Ozone National Ambient Air Quality Standards; Phoenix-Mesa, Arizona
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is proposing to
determine that the Phoenix-Mesa ozone nonattainment area (``Phoenix
NAA''), which is classified as ``Moderate'' for the 2008 ozone National
Ambient Air Quality Standards (NAAQS or ``standards''), attained the
NAAQS by its Moderate area attainment date of July 20, 2018. This
determination is based on complete, quality-assured, and certified data
for 2015-2017. This proposed action is necessary to fulfill the EPA's
statutory obligation to determine whether ozone nonattainment areas
attained the NAAQS by the attainment date.
DATES: Any comments must arrive by July 15, 2019.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2018-0821 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: Nancy Levin, EPA Region IX, 75
Hawthorne Street, San Francisco, CA 94105. By phone: (415) 972-3848 or
by email at [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,''
and ``our'' refer to the EPA.
Table of Contents
I. What is the Background for this action?
A. Ozone NAAQS, Area Designations, and Classifications
B. Ambient Air Quality Monitoring Data
II. What is the EPA's analysis of the relevant air quality data?
A. Monitoring Network and Data Considerations
B. Evaluation of the Ambient Air Quality Data
III. Proposed Action
IV. Environmental Justice Considerations
V. Statutory and Executive Order Reviews
I. What is the background for this action?
A. Ozone NAAQS, Area Designations, and Classifications
The Clean Air Act (CAA or ``Act'') requires the EPA to establish
national primary and secondary standards for certain widespread
pollutants, such as ozone, which cause or contribute to air pollution
that is reasonably anticipated to endanger public health or welfare.\1\
In
[[Page 27567]]
the 1970s, the EPA promulgated primary and secondary ozone standards
based on a 1-hour average. In 1997, we replaced the 1-hour ozone
standards with primary and secondary 8-hour ozone standards. In 2008,
we revised the 8-hour ozone standards to the level of 0.075 parts per
million (ppm), daily maximum 8-hour average.\2\ Since the primary and
secondary ozone standards are the same, we refer to them hereafter in
this document using the singular ``2008 ozone standard'' (or simply
``standard'') or NAAQS. The 2008 ozone standard is met at an ambient
air quality monitoring site when the design value is less than or equal
to 0.075 ppm, as determined in accordance with 40 CFR part 50, appendix
P.\3\ The design value is a statistic that describes the air quality
status of a given location relative to the level of the NAAQS. For the
purpose of comparison with the 2008 ozone standard, the design value
for a site is the 3-year average of the annual fourth-highest daily
maximum 8-hour average ozone concentrations.
---------------------------------------------------------------------------
\1\ CAA sections 108 and 109. Primary standards represent
ambient air quality standards the attainment and maintenance of
which the EPA has determined, including a margin of safety, are
requisite to protect the public health. Secondary standards
represent ambient air quality standards the attainment and
maintenance of which the EPA has determined are requisite to protect
the public welfare from any known or anticipated adverse effects
associated with the presence of such air pollutant in the ambient
air. CAA section 109(b).
\2\ 73 FR 16436 (March 27, 2008); 40 CFR 50.15. In 2015, we
tightened the ozone National Ambient Air Quality Standards (NAAQS or
``standards'') even further and established 0.070 parts per million
(ppm), 8-hour average, as the new ozone NAAQS. 80 FR 65292 (October
26, 2015). While the 1979 1-hour ozone NAAQS and 1997 8-hour ozone
NAAQS have been revoked, the 2008 ozone NAAQS remains in effect.
\3\ 40 CFR 50.15.
---------------------------------------------------------------------------
The EPA designated NAAs for the 2008 ozone standard on May 21,
2012, effective July 20, 2012.\4\ In that action, the EPA classified
(by operation of law) the Phoenix NAA as ``Marginal'' nonattainment.
The original attainment date for the 2008 ozone standard for this
Marginal ozone NAA was as expeditious as practicable but not later than
July 20, 2015.\5\
---------------------------------------------------------------------------
\4\ 77 FR 30088.
\5\ 40 CFR 51.1103(a).
---------------------------------------------------------------------------
Section 181(b)(2)(A) of the CAA requires that within 6 months
following the applicable attainment date, the EPA must determine
whether an ozone NAA attained the ozone standard based on the area's
design value as of that date. In May 2016, the EPA determined that the
Phoenix NAA failed to attain the 2008 ozone standard by the applicable
attainment date of July 20, 2015, and reclassified the area to the next
higher classification, i.e., ``Moderate.'' Our determination was based
on complete, quality-assured, and certified data for 2012-2014.\6\
States with Moderate ozone areas are required to submit revisions to
the applicable state implementation plan (SIP) that comply with the
requirements set forth in subpart 2 of part D of title I of the CAA and
in the EPA's ozone implementation rule for the 2008 ozone NAAQS in 40
CFR part 51, subpart AA. The relevant SIP requirements include, among
other requirements, attainment demonstrations and associated reasonably
available control measures, reasonable further progress (RFP) plans,
and contingency measures for failure to attain or make RFP. The
applicable attainment date for areas classified as Moderate
nonattainment for the 2008 ozone NAAQS is as expeditious as practicable
but not later than July 20, 2018.\7\ Because the design value is based
on the three most recent, complete calendar years of data, attainment
must occur no later than December 31 of the year prior to the
attainment date (i.e., December 31, 2017, in the case of Moderate NAAs
for the 2008 ozone NAAQS).
---------------------------------------------------------------------------
\6\ 81 FR 26697 (May 4, 2016). The 2012-2014 design value for
the Phoenix NAA was 0.080 parts per million, which exceeded the 2008
ozone NAAQS of 0.075 ppm. We note that today's action is based on
the 2015-2017 design value.
\7\ 40 CFR 51.1103.
---------------------------------------------------------------------------
B. Ambient Air Quality Monitoring Data
A determination of whether an area's air quality meets the 2008
ozone NAAQS is generally based upon three consecutive calendar years of
complete, quality-assured data measured at established State and Local
Air Monitoring Stations (SLAMS) in the NAA and entered into the EPA Air
Quality System (AQS) database. Data from ambient air monitoring sites
operated by state or local agencies in compliance with EPA monitoring
requirements must be submitted to AQS. Heads of monitoring agencies
annually certify 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 an area.\8\ All ozone data are
reviewed to determine the area's air quality status in accordance with
40 CFR part 50, appendix P.
---------------------------------------------------------------------------
\8\ 40 CFR 50.15; 40 CFR part 50, appendix P; 40 CFR part 53; 40
CFR part 58, appendices A, C, D and E.
---------------------------------------------------------------------------
When the design value is less than or equal to 0.075 ppm (based on
the rounding convention in 40 CFR part 50, appendix P) at each
monitoring site within the area, then the area is meeting the 2008
ozone NAAQS. To make the determination that an area attains the NAAQS,
each monitor must have a valid design value \9\ meeting the standard.
---------------------------------------------------------------------------
\9\ Design values attaining the 2008 ozone NAAQS also must meet
minimum data completeness requirements specified in 40 CFR part 50,
appendix P to be considered valid.
---------------------------------------------------------------------------
II. What is the EPA's analysis of the relevant air quality data?
A. Monitoring Network and Data Considerations
The Arizona Department of Environmental Quality (ADEQ or
``State''), Maricopa County Air Quality Department (MCAQD), Pinal
County Air Quality Control District (PCAQCD), and Salt River Pima-
Maricopa Indian Community (SRPMIC) operate a combined 24 ozone SLAMS in
the Phoenix NAA (see Table 1 for AQS identification number, site name,
design value, and completeness data for 2015-2017 (i.e., the design
value period)). MCAQD operates 18 of these ozone sites in the Phoenix
NAA, however one of these sites (AQS# 040139706, Rio Verde) was
approved by the EPA for closure in 2017.10 11 ADEQ operates
one ozone site in the Phoenix NAA (JLG Supersite). PCAQCD operates one
ozone site in the Phoenix NAA (AJ Maintenance Yard). SRPMIC operates
four ozone sites in the Phoenix NAA (Senior Center, Red Mountain, Lehi,
and High School).
---------------------------------------------------------------------------
\10\ Blue Point-Sheriff Station-Tonto NF-Salt River Rec. Area,
Buckeye, Cave Creek, Central Phoenix, Dysart, Falcon Field, Fountain
Hills, Glendale, Humboldt Mountain, Mesa, North Phoenix, Pinnacle
Peak, Rio Verde, South Phoenix, South Scottsdale, Tempe, West
Chandler, West Phoenix.
\11\ Letter from Elizabeth J. Adams, Acting Director, Air
Division, EPA Region IX, to Ben Davis, Director, Air Monitoring
Manager, Maricopa County Air Quality Department (MCAQD), dated
September 15, 2017, approving MCAQD's closure of the Rio Verde ozone
SLAMS site.
---------------------------------------------------------------------------
State and local air monitoring agencies are required to submit
annual monitoring network plans to the EPA.\12\ Tribal monitoring
agencies may also submit such plans. An annual monitoring network plan
discusses the status of the air monitoring network, as required under
40 CFR 58.10. MCAQD, PCAQCD, ADEQ and SRPMIC submit annual monitoring
network plans for ozone SLAMS in the Phoenix NAA. Since 2007, the EPA
has regularly reviewed these annual monitoring network plans for
compliance with the applicable requirements in 40 CFR part 58. With
respect to ozone, the EPA has found that the area's annual monitoring
network plans for 2015 through 2017 meet the applicable requirements
under 40 CFR part 58.13 14 15 16 Furthermore,
[[Page 27568]]
the EPA concluded from its Technical Systems Audits (TSAs) of ADEQ,
MCAQD, and PCAQCD, that the combined ambient air monitoring network
currently meets or exceeds the requirements for the minimum number of
SLAMS in the Phoenix NAA for the 2008 ozone
standard.17 18 19 The EPA also conducted a TSA of SRPMIC,
but, as a tribal agency, minimum monitoring requirements do not apply
to SRPMIC.\20\
---------------------------------------------------------------------------
\12\ 40 CFR 58.10(a)(1).
\13\ Letter from Gwen Yoshimura, Acting Manager, Air Quality
Analysis Office, EPA Region IX, to Philip A. McNeely, Director,
Maricopa County Air Quality Department (MCAQD), dated October 31,
2016, approving MCAQD's 2015 annual monitoring network plan; Letter
from Gwen Yoshimura, Manager, Air Quality Analysis Office, EPA
Region IX, to Philip A. McNeely, Director, Maricopa County Air
Quality Department (MCAQD), dated October 30, 2017, approving
MCAQD's 2016 annual monitoring network plan; Letter from Gwen
Yoshimura, Manager, Air Quality Analysis Office, EPA Region IX, to
Philip A. McNeely, Director, Maricopa County Air Quality Department
(MCAQD), dated October 30, 2018, approving MCAQD's 2017 annual
monitoring network plan.
\14\ Letter from Gwen Yoshimura, Acting Manager, Air Quality
Analysis Office, EPA Region IX, to Michael Sundblom, Director, Pinal
County Air Quality Control District (PCAQCD), dated October 31,
2016, approving PCAQCD's 2015 annual monitoring network plan; Letter
from Gwen Yoshimura, Manager, Air Quality Analysis Office, EPA
Region IX, to Michael Sundblom, Director, Pinal County Air Quality
Control District (PCAQCD), dated October 30, 2016, approving
PCAQCD's 2016 annual monitoring network plan; Letter from Gwen
Yoshimura, Manager, Air Quality Analysis Office, EPA Region IX, to
Michael Sundblom, Director, Pinal County Air Quality Control
District (PCAQCD), dated October 30, 2018, approving PCAQCD's 2017
annual monitoring network plan.
\15\ Letter from Gwen Yoshimura, Acting Manager, Air Quality
Analysis Office, EPA Region IX, to Timothy S. Franquist, Director,
Air Quality Division, Arizona Department of Environmental Quality
(ADEQ), dated November 3, 2016, approving ADEQ's 2015 annual
monitoring network plan; Letter from Gwen Yoshimura, Manager, Air
Quality Analysis Office, EPA Region IX, to Timothy S. Franquist,
Director, Air Quality Division, Arizona Department of Environmental
Quality (ADEQ), dated November 3, 2016, approving ADEQ's 2016 annual
monitoring network plan; Letter from Gwen Yoshimura, Manager, Air
Quality Analysis Office, EPA Region IX, to Timothy S. Franquist,
Director, Air Quality Division, Arizona Department of Environmental
Quality (ADEQ), dated October 30, 2017, approving ADEQ's 2017 annual
monitoring network plan.
\16\ Letter from Gwen Yoshimura, Acting Manager, Air Quality
Analysis Office, EPA Region IX, to Christopher Horan, Division
Manager, Environmental Protection & Natural Resources Division, Salt
River Pima-Maricopa Indian Community (SRPMIC), dated October 31,
2016, approving SRPMIC's 2015 annual monitoring network plan; Letter
from Gwen Yoshimura, Manager, Air Quality Analysis Office, EPA
Region IX, to Christopher Horan, Division Manager, Environmental
Protection & Natural Resources Division, Salt River Pima-Maricopa
Indian Community (SRPMIC), dated October 30, 2017, approving
SRPMIC's 2016 annual monitoring network plan; Letter from Gwen
Yoshimura, Manager, Air Quality Analysis Office, EPA Region IX, to
Christopher Horan, Division Manager, Environmental Protection &
Natural Resources Division, Salt River Pima-Maricopa Indian
Community (SRPMIC), dated October 30, 2018, approving SRPMIC's 2017
annual monitoring network plan.
\17\ Letter from Elizabeth J. Adams, Director, Air Division, EPA
Region IX, to Mr. Timothy Franquist, Director, Air Quality Division,
ADEQ, dated April 25, 2019, transmitting findings from the EPA's
2018 TSA of the ADEQ's ambient air monitoring program.
\18\ Letter from Elizabeth J. Adams, Acting Director, Air
Division, EPA Region IX, to Mr. Michael Sundblom, Director, PCAQCD,
dated September, 28, 2016, transmitting findings from the EPA's 2016
TSA of the PCAQCD's ambient air monitoring program.
\19\ Letter from Elizabeth J. Adams, Acting Director, Air
Division, EPA Region IX, to Philip A. McNeely, Director, MCAQD,
dated June 12, 2017, transmitting findings from the EPA's 2016 TSA
of the MCAQD's ambient air monitoring program.
\20\ Letter from Elizabeth J. Adams, Acting Director, Air
Division, EPA Region IX, to Mr. Christopher Horan, Environmental
Director, SRPMIC, dated August 29, 2017, transmitting findings from
the EPA's 2016 TSA of the SRPMIC's ambient air monitoring program.
---------------------------------------------------------------------------
MCAQD, PCAQCD, ADEQ and SRPMIC oversee the quality assurance of
data collected from their sites and annually certify that their
respective data submitted to AQS are complete and quality-assured, and
have done so for each year relevant to our determination of attainment,
2015-2017.21 22 23 24
---------------------------------------------------------------------------
\21\ Letter from Timothy Franquist Jr, Deputy Director, Air
Quality Division, Arizona Department of Environmental Quality, to
Deborah Jordan, EPA Region IX, dated April 27, 2015 [correct date
was April 27, 2016], Certification of 2015 Ambient Air Data and Re-
Certification of 2014 Ambient Air Data in AQS Database Reported by
ADEQ; Letter from Timothy S. Franquist, Director, Air Quality
Division, Arizona Department of Environmental Quality, to Elizabeth
Adams, Acting Air Division Director, Air Division, EPA Region IX,
dated April 5, 2017, Certification of 2016 Ambient Air Data and Re-
Certification of 2015 Ambient Air Data in AQS Database Reported by
ADEQ; Letter from Timothy S. Franquist, Director, Air Quality
Division, to Elizabeth Adams, Air Division Director, EPA Region IX,
dated April 27, 2018, Certification of 2017 Ambient Air Data and Re-
Certification of 2016 Ambient Air Data in AQS Database Reported by
ADEQ.
\22\ Letter from Philip A. McNeely, Director, Maricopa County
Air Quality Department, to Deborah Jordan, Air Division, EPA Region
IX, dated April 25, 2016, 2015 Data Certification Letter; Letter
from Philip A. McNeely, Director, Maricopa County Air Quality
Department, to Elizabeth Adams, Acting Director, Air Division, EPA
Region IX, dated April 7, 2017, 2016 Data Certification Letter;
Letter from Philip A. McNeely, Director, Maricopa County Air Quality
Department, to Elizabeth Adams, Acting Director, Air Division, EPA
Region IX, dated April 10, 2018, 2017 Data Certification.
\23\ Letter from Josh DeZeeuw, Air Quality Manager, Pinal County
Air Quality Control District, to Deborah Jordan, dated April 29,
2016, AQS Data Certification--2015; Letter from Josh DeZeeuw, Air
Quality Manager, Pinal County Air Quality Control District, to
Elizabeth Adams, dated April 28, 2017, AQS Data Certification--2016;
Letter from Josh DeZeeuw, Air Quality Manager, Pinal County Air
Quality Control District, to Elizabeth Adams, dated April 30, 2018,
AQS Data Certification--2017.
\24\ Letter from Christopher Horan, Environmental Protection &
Natural Resources Manager, Salt River Pima Maricopa Indian
Community, to Deborah Jordan, Director, Air Division, EPA Region IX,
dated April 27, 2016, 2015 AQS Data Certification of Ambient Air
Monitoring Data; Letter from Christopher Horan, Environmental
Protection & Natural Resources Manager, Salt River Pima Maricopa
Indian Community, to Elizabeth Adams, Acting Director, Air Division,
EPA Region IX, dated March 31, 2016 [correct date was March 31,
2017], 2016 AQS Data Certification of Ambient Air Monitoring Data;
Letter from Christopher Horan, Environmental Protection & Natural
Resources Manager, Salt River Pima Maricopa Indian Community, to
Elizabeth Adams, Acting Director, Air Division, EPA Region IX, dated
April 13, 2018, 2017 AQS Ambient Air Monitoring Data Certification.
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Lastly, consistent with the requirements contained in 40 CFR part
50, the EPA has reviewed the quality-assured and certified ozone
ambient air monitoring data for completeness. The EPA reviewed the data
as recorded in AQS for the applicable monitoring period, collected at
the monitoring sites in the Phoenix NAA, and has determined that the
data are complete, except for the Tempe monitoring station.\25\
Monitoring at the Tempe station was temporarily suspended from April to
October in 2015 as a result of significant modifications by the
landowner to the site. MCAQD notified the EPA of this temporary closure
in MCAQD's 2015 annual ambient air monitoring plan.\26\ The Tempe
monitoring site was not the design value monitor in the Phoenix NAA for
the five previous valid design value years (2010-2014). In addition,
Tempe did not have the highest fourth-highest daily maximum 8-hour
ozone concentrations in the NAA in 2016 or 2017. For these reasons, the
temporary closure and invalid 2017 design value at the Tempe monitoring
site does not affect the EPA's ability to determine the design value
for the area. For the remaining ozone monitoring sites in the Phoenix
NAA, daily maximum 8-hour average concentrations are available for at
least 90 percent of the days within the ozone monitoring season, on
average for the 2015-2017 period, and daily maximum 8-hour average
concentrations are available for at least 75 percent of the days within
the ozone monitoring season for each individual year within that
period. Therefore, the remaining sites meet the data completeness
requirements of 40 CFR part 50, appendix P.\27\
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\25\ See EPA, Air Quality System, Design Value Report, May 20,
2019.
\26\ 2015 Air Monitoring Network Plan, Philip A. McNeely,
Director, MCAQD, submitted June 30, 2016.
\27\ The Rio Verde Ozone SLAMS was approved for closure in 2017,
however, there were sufficient data for the monitor to still have a
valid 2015-2017 design value.
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B. Evaluation of the Ambient Air Quality Data
As noted previously, the applicable attainment date for the Phoenix
NAA is July 20, 2018. We have reviewed the
[[Page 27569]]
data collected at the monitoring sites within that area during the
three-year period preceding the attainment date (2015-2017) to
determine whether the area attained the 2008 ozone standard by the
attainment date. Table 1 shows the fourth-highest daily maximum 8-hour
ozone concentrations for 2015 through 2017, 2015-2017 design values,
and data completness for ozone monitors within the Phoenix NAA. The
design value for a given area is based on the monitoring site in the
area with the highest design value.
Table 1--Phoenix NAA: 2015-2017 Monitoring Site-Level Design Values for the 2008 8-Hour Ozone NAAQS
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4th Highest daily maximum 8- Percent complete 2015-2017
hour average value (ppm) 2015-2017 --------------------------------- Average
AQS site ID Site name --------------------------------- Design percent
2015 2016 2017 value 2015 2016 2017 complete
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040130019........................... West Phoenix.......... .074 .071 .077 .074 100 100 100 100
040131003........................... Mesa.................. .072 .075 .078 .075 100 100 100 100
040131004........................... North Phoenix......... .074 .075 .077 .075 100 99 100 100
040131010........................... Falcon Field.......... .072 .073 .078 .074 100 98 99 99
040132001........................... Glendale.............. .067 .066 .068 .067 98 99 98 98
040132005........................... Pinnacle Peak......... .074 .074 .077 .075 99 100 98 99
040133002........................... Central Phoenix....... .071 .070 .071 .070 100 100 99 100
040133003........................... South Scottsdale...... .068 .070 .070 .069 98 99 99 99
040134003........................... South Phoenix......... .070 .067 .072 .069 100 100 99 100
040134004........................... West Chandler......... .070 .069 .074 .071 100 100 100 100
040134005........................... Tempe................. N/A .068 .065 N/A 12 100 99 76
040134008........................... Cave Creek............ .069 .071 .071 .070 100 100 99 99
040134010........................... Dysart................ .067 .063 .076 .068 100 100 89 95
040134011........................... Buckeye............... .060 .059 .070 .063 98 99 91 95
040139508........................... Humboldt Mtn.......... .073 .072 .074 .073 97 100 100 99
040139702........................... Blue Point............ .071 .071 .074 .072 99 100 99 100
040139704........................... Fountain Hills........ .069 .068 .073 .070 100 100 97 99
040139706........................... Rio Verde............. .068 .070 .068 .068 100 100 83 92
040139997........................... JLG Supersite......... .075 .075 .076 .075 98 94 98 97
040137020........................... Senior Center......... .073 .070 .075 .072 100 100 99 100
040137021........................... Red Mountain.......... .074 .071 .079 .074 100 99 99 99
040137022........................... Lehi.................. .076 .072 .077 .075 100 99 97 99
040137024........................... High School........... .072 .070 .075 .072 96 98 98 98
040213001........................... AJ Maintenance........ .073 .072 .079 .074 97 97 96 97
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In the EPA's review of monitoring data for the 2008 ozone standard
for the Phoenix NAA, the EPA is excluding certain exceedances of the
standard from the attainment determination presented herein because
they were the result of exceptional events. ADEQ provided documentation
supporting requests for concurrence on wildfire ozone exceptional
events covering a total of 14 exceedances recorded on June 20, 2015,
and July 7, 2017, at monitors within the Phoenix NAA. The EPA reviewed
the documentation that ADEQ provided to demonstrate that these
exceedances meet the criteria for exceptional events under the EPA's
Exceptional Events Rule.\28\ The EPA concurred with ADEQ's requests for
determinations that, based on the weight of evidence, the exceedances
were caused by wildfire ozone exceptional events.\29\ Accordingly, the
EPA has determined that the monitored exceedances associated with these
exceptional events should be excluded from use in determinations of
exceedances and violations, including the evaluation of whether the
Phoenix NAA has attained by the attainment date in accordance with CAA
section 181(b)(2)(A).
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\28\ 40 CFR 50.1(j), (k), (l), (m), (n), (o), (p), (q), (r);
50.14; 51.930. See also 40 CFR part 50, appendix P, section 1.a,
(determinations of whether to exclude, retain, or make adjustments
to the data affected by exceptional events is determined by the
requirements under 40 CFR 50.1, 50.14 and 51.930).
\29\ See letters from Elizabeth J. Adams, Director, Air
Division, EPA Region IX, to Timothy S. Franquist, Director, Air
Quality Division, ADEQ, dated February 5, 2019, and May 7, 2019.
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Our proposed determination that the area has attained the 2008
ozone NAAQS is based in part on our concurrence with ADEQ that the
exceedances monitored in the Phoenix NAA on June 20, 2015, and July 7,
2017, were caused by wildfire ozone exceptional events, and our related
exclusion of these exceedances from the attainment determination.
III. Proposed Action
The EPA is proposing to determine that the Phoenix NAA has attained
the 2008 ozone standard by its Moderate area attainment date of July
20, 2018, based on complete, quality-assured, and certified ambient air
quality monitoring data for the 2015-2017 monitoring period. Based on
our proposed finding of attainment by the applicable attainment date,
we are also proposing to determine that the CAA requirement for the SIP
to provide for contingency measures to be implemented in the event the
area fails to attain (``attainment contingency measures'') will no
longer apply to the Phoenix NAA. Under CAA section 172(c)(9),
attainment contingency measures must be implemented only if the area
fails to attain by the attainment date. Therefore, if we finalize the
determination that the Phoenix NAA has attained the 2008 ozone
standard, attainment contingency measures for this NAAQS would never be
required to be implemented, regardless of whether the area continues to
attain the NAAQS. The State submitted contingency measures as part of
the Phoenix area 2008 Moderate ozone plan adopted in December 2016. We
will defer taking any action on these measures in light of this
proposed finding of attainment by the applicable attainment date and
resulting
[[Page 27570]]
determination that the attainment contingency measure requirement no
longer applies to the area. The State may elect to withdraw the
attainment contingency measures to lift the obligation on the EPA under
section 110(k) to act on these measures.
We are not proposing to suspend the attainment-related requirements
for the Phoenix NAA under 40 CFR 51.1118 at this time because ozone
monitoring data for 2018 are not consistent with continued attainment
of the standard in the Phoenix NAA.
We also note that, if finalized, this proposed determination that
the Phoenix ozone NAA has attained the 2008 ozone NAAQS would not
constitute a redesignation of the area to attainment for the 2008 ozone
standard. Under CAA section 107(d)(3)(E), redesignations to attainment
require states to meet a number of additional statutory criteria,
including the EPA's approval of a SIP revision demonstrating
maintenance of the standard for 10 years after redesignation. The
designation status of the Phoenix area will remain Moderate
nonattainment for the 2008 ozone NAAQS until such time as the EPA
determines that the area meets the CAA requirements for redesignation
to attainment.
IV. Environmental Justice Considerations
The EPA believes that this proposed action will not have
disproportionately high or adverse human health or environmental
effects on minority, low-income, or indigenous populations.
The purpose of this rule is to determine whether the Phoenix NAA
attained the 2008 ozone standard by its Moderate area attainment date,
which is required under the CAA for purposes of implementing the 2008
ozone standard. As such, this action does not directly affect the level
of protection provided for human health or the environment.
V. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review
This action is not a significant regulatory action and was
therefore not submitted to the Office of Management and Budget (OMB)
for review.
B. Executive Order 13771: Reducing Regulations and Controlling
Regulatory Costs
This action is not expected to be an Executive Order 13771
regulatory action because this action is not significant under
Executive Order 12866.
C. Paperwork Reduction Act (PRA)
This rule does not impose any new information collection burden
under the PRA not already approved by the OMB.
D. Regulatory Flexibility Act (RFA)
I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA. This
action will not impose any requirements on small entities.
E. Unfunded Mandates Reform Act (UMRA)
This action does not contain any unfunded mandate as described in
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect
small governments. This action imposes no enforceable duty on any
state, local or tribal governments, or the private sector.
F. Executive Order 13132: Federalism
This action does not have federalism implications. It will not have
substantial direct effects on the states, tribes, or the relationship
between the national government and the states and tribes, or on the
distribution of power and responsibilities among the various levels of
government.
G. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
This action has tribal implications. However, it will neither
impose substantial direct compliance costs on federally recognized
tribal governments, nor preempt tribal law. Four tribes have areas of
Indian country within or directly adjacent to the Phoenix NAA: Fort
McDowell Yavapai Nation, Gila River Indian Community, Salt River Pima-
Maricopa Indian Community of the Salt River Reservation, and the Tohono
O'odham Nation of Arizona. The EPA intends to communicate with
potentially affected tribes located within or directly adjacent to the
boundaries of the Phoenix NAA as the agency moves forward in developing
a final rule.
H. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks
The EPA interprets Executive Order 13045 as applying only to those
regulatory actions that concern environmental health or safety risks
that the EPA has reason to believe may disproportionately affect
children, per the definition of ``covered regulatory action'' in
section 2-202 of the Executive Order. This action is not subject to
Executive Order 13045 because it does not concern an environmental
health risk or safety risk.
I. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use
This action is not subject to Executive Order 13211, because it is
not a significant regulatory action under Executive Order 12866.
J. National Technology Transfer Advancement Act (NTTAA)
This rulemaking does not involve technical standards.
K. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
The EPA believes the human health or environmental risk addressed
by this action will not have potential disproportionately high and
adverse human health or environmental effects on minority, low-income,
or indigenous populations. The results of this evaluation are contained
in the section of the preamble titled ``Environmental Justice
Considerations.''
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Oxides of nitrogen, Ozone,
Volatile organic compounds.
Dated: May 31, 2019.
Deborah Jordan,
Acting Regional Administrator, Region IX.
[FR Doc. 2019-12517 Filed 6-12-19; 8:45 am]
BILLING CODE 6560-50-P
