Finding of Failure To Attain the 1987 24-Hour PM10, 37756-37760 [2020-12827]
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Federal Register / Vol. 85, No. 122 / Wednesday, June 24, 2020 / Rules and Regulations
establishing the project partnership,
entities, including the project
coordinator, evaluator, and service
provider, but excluding investors, must
be procured following procurement
standards set forth in 2 CFR 200.317
through 200.326.
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[FR Doc. 2020–11915 Filed 6–23–20; 8:45 am]
BILLING CODE 8320–01–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 81
Table of Contents
[EPA–R09–OAR–2020–0151; FRL–10010–
56–Region 9]
Finding of Failure To Attain the 1987
24-Hour PM10 Standard;
Reclassification as Serious
Nonattainment; Pinal County, Arizona
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking final action to
determine that the West Pinal County,
Arizona nonattainment area did not
attain the 1987 24-hour national
ambient air quality standards (NAAQS
or ‘‘standard’’) for particulate matter
with a diameter of ten micrometers or
smaller (PM10) by December 31, 2018,
the statutory attainment date for the
nonattainment area. This action is based
on the EPA’s calculation of the PM10
design value for the nonattainment area
over the 2016–2018 period, using
complete, quality-assured, and certified
PM10 monitoring data. With this final
determination that West Pinal County
has failed to attain the PM10 NAAQS by
its attainment date, the Clean Air Act
(CAA) section 188(b)(2) requires that the
nonattainment area be reclassified to
Serious by operation of law. Within 18
months from the effective date of this
reclassification to Serious, the State
must submit State Implementation Plan
(SIP) revisions that comply with the
statutory and regulatory requirements
for Serious PM10 nonattainment areas.
DATES: This rule will be effective on July
24, 2020.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R09–OAR–2020–0151. All
documents in the docket are listed on
the https://www.regulations.gov
website. Although listed in the index,
some information is not publicly
available, e.g., Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
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SUMMARY:
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Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available through https://
www.regulations.gov, or please contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section for
additional availability information.
FOR FURTHER INFORMATION CONTACT: 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.
I. Summary of the Proposed Action
II. Public Comments and EPA Responses
III. Final Action
IV. Statutory and Executive Order Reviews
I. Summary of the Proposed Action
On April 7, 2020, the EPA proposed
to determine that the West Pinal County
nonattainment area failed to attain the
1987 24-hour PM10 NAAQS by
December 31, 2018, the statutory
attainment date for the area.1 For a PM10
nonattainment area classified as
Moderate under the CAA, such as the
West Pinal County area, section 188(c)
of the CAA states that the area’s
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.’’
Consequently, the applicable attainment
date for West Pinal County, designated
nonattainment in 2012, was December
31, 2018. CAA section 188(b)(2) requires
the EPA to determine whether any PM10
nonattainment area classified as
Moderate attained the 24-hour PM10
NAAQS by the area’s attainment date
and requires the EPA to make such a
determination within six months after
that date.
Our proposed determination that the
West Pinal County area failed to attain
the PM10 NAAQS was based on
complete, quality-assured, and certified
PM10 monitoring data for the
appropriate three-year period, 2016–
2018. As discussed in our proposal, an
area attains the 24-hour PM10 standard
of 150 micrograms per cubic meter (mg/
m3) when the expected number of days
per calendar year with a 24-hour
concentration exceeding the standard,
referred to as an ‘‘exceedance’’, averaged
over a three-year period is equal to or
less than one.
In our proposal, the EPA’s evaluation
of whether the West Pinal County
nonattainment area has met the 1987 241 85
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hour PM10 NAAQS was based on our
review of the monitoring data, the
adequacy of the PM10 monitoring
network in the nonattainment area, and
the reliability of the data collected by
that network. The PM10 standard is
attained when the expected number of
exceedances, averaged over a three-year
period, is less than or equal to one. The
expected number of exceedances
averaged over a three-year period at any
given monitor is known as the PM10
design value for that site. The PM10
design value for the nonattainment area
is the highest design value from a
monitor within that area. Three
consecutive years of air quality data are
required to show attainment of the PM10
standard.
We reviewed the 2018 PM10 design
values for all regulatory monitoring sites
measuring PM10 within the West Pinal
County nonattainment area, expressed
as a single value representing the
average expected exceedances over the
three-year period, 2016–2018.2 The
PM10 data showed that the design values
at multiple monitoring sites are greater
than 1.0 estimated annual average
exceedances of the 1987 24-hour PM10
NAAQS. Consequently, the EPA
proposed to determine, based upon
three years of complete, quality-assured
and certified data from 2016–2018, that
the West Pinal County nonattainment
area did not attain the 1987 24-hour
PM10 NAAQS by the applicable
attainment date of December 31, 2018.
In our proposal to determine that the
West Pinal County area did not attain
the NAAQS by the relevant attainment
date, the EPA noted that the
consequence of our determination is
that the West Pinal County area will be
reclassified as a Serious PM10
nonattainment area by operation of law
and will be subject to all applicable
Serious area attainment planning and
nonattainment New Source Review
requirements. This includes the
requirement to submit a Serious area air
quality plan within 18 months of the
effective date of our final rule, per
section 189(b)(2) of the CAA. This
Serious area air quality plan must
demonstrate attainment of the 24-hour
PM10 NAAQS by December 31, 2022,
ten years after the area’s designation to
nonattainment, per section 188(c)(2) of
the CAA.
2 A design value is calculated using a specific
methodology from monitored air quality data and
is used to compare an area’s air quality to a
NAAQS. The methodologies for calculating
expected exceedances for the 24-hour PM10 NAAQS
are found in 40 CFR part 50, Appendix K, Section
2.1(a).
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II. Public Comments and EPA
Responses
The public comment period on the
proposed rule opened on April 7, 2020,
the date of its publication in the Federal
Register, and closed on May 7, 2020.
During this period, the EPA received
one comment letter submitted by the
Sierra Club and The Arizona Center for
Law in the Public Interest (ACLIPI). The
Sierra Club and ACLIPI comment letter
expressed support for our proposal and
suggested that the EPA take our final
action without delay. A copy of this
comment letter is included in the docket
for this final action.
III. Final Action
In accordance with section 188(b)(2)
of the CAA, the EPA is taking final
action to determine that the West Pinal
County Moderate nonattainment area
did not attain the 1987 24-hour PM10
NAAQS by its applicable attainment
date of December 31, 2018. Our
determination that West Pinal County
failed to attain the PM10 NAAQS is
based on complete, quality-assured, and
certified PM10 monitoring data for the
appropriate three-year period, 2016–
2018.
As a result of our determination of
failure to attain the 1987 24-hour PM10
NAAQS by its applicable attainment
date, West Pinal County is reclassified
as a Serious PM10 nonattainment area by
operation of law and is subject to all
applicable Serious area attainment
planning and nonattainment New
Source Review requirements, in
accordance with section 188(b)(2) of the
CAA. This includes the requirement to
submit a Serious area air quality plan
within 18 months of the effective date
of our final rule, per section 189(b)(2) of
the CAA. This Serious area air quality
plan must demonstrate attainment of the
24-hour PM10 NAAQS by December 31,
2022, ten years after the area’s
designation to nonattainment, per
section 188(c)(2) of the CAA.
IV. Statutory and Executive Order
Reviews
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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 under the terms of
Executive Order 12866 (58 FR 51735,
October 4, 1993) and Executive Order
13563 (76 FR 3821, January 21, 2011),
and therefore was not submitted to the
Office of Management and Budget
(OMB) for review.
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B. Executive Order 13771: Reducing
Regulations and Controlling Regulatory
Costs
This action is not an Executive Order
13771 regulatory action because it is not
a significant regulatory action under
Executive Order 12866.
C. Paperwork Reduction Act
This action does not impose an
information collection burden under the
provisions of the Paperwork Reduction
Act (44 U.S.C. 3501–3521) because it
does not contain any information
collection activities.
D. Regulatory Flexibility Act
I certify that this action will not have
a significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act
(RFA), 5 U.S.C. 601–612. This action
will not impose any requirements on
small entities. This action requires the
state to adopt and submit SIP revisions
to satisfy the statutory requirements that
apply to Serious areas and would not
itself directly regulate any small
entities. We continue to be interested in
the potential impacts of the proposed
rule on small entities and welcome
comments on issues related to such
impacts.
E. Unfunded Mandates Reform Act
This action does not contain any
unfunded mandate of $100 million or
more and does not significantly or
uniquely affect small governments, as
described in the Unfunded Mandates
Reform Act (UMRA) (2 U.S.C. 1531–
1538). This action itself imposes no
enforceable duty on any state, local, or
tribal governments, or the private sector.
This action determines that the West
Pinal County nonattainment area failed
to attain the 1987 24-hour PM10 NAAQS
by its applicable attainment date,
triggering reclassification as a Serious
nonattainment area and existing
statutory timeframes for the state to
submit SIP revisions. Such a
reclassification in and of itself does not
impose any federal intergovernmental
mandate.
F. Executive Order 13132: Federalism
This action does not have federalism
implications. It will not have substantial
direct effects on the states, on the
relationship between the national
government and the states, or on the
distribution of power and
responsibilities among the various
levels of government, as specified in
Executive Order 13132 (64 FR 43255,
August 10, 1999). The requirement to
submit SIP revisions to meet the 1987
24-hour PM10 NAAQS is imposed by the
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CAA. This final rule does not alter the
distribution of power and
responsibilities established in the CAA.
Thus, Executive Order 13132 does not
apply to this action. In the spirit of
Executive Order 13132 and consistent
with EPA policy to promote
communications between the EPA and
state and local governments, the EPA
specifically solicited comments on our
prior proposed action from state and
local officials.
G. Executive Order 13175, Consultation
and Coordination With Indian Tribal
Governments
This action does not have tribal
implications as specified in Executive
Order 13175. No areas of Indian country
are located within the West Pinal
County PM10 nonattainment area.
Therefore, no tribal areas are implicated
in the area that the EPA has determined
to have failed to attain the 1987 24-hour
PM10 NAAQS by the applicable
attainment date. The CAA and the
Tribal Authority Rule establish the
relationship of the federal government
and tribes in developing plans to attain
the NAAQS, and this rule does nothing
to modify that relationship. Thus,
Executive Order 13175 does not apply
to this action.
H. Executive Order 13045, Protection of
Children From Environmental Health
Risks and Safety Risks
The EPA interprets Executive Order
13045 (62 FR 19885, April 23, 1997) 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 the effect of this action is to
reclassify the West Pinal County
nonattainment area as Serious
nonattainment for the 1987 24-hour
PM10 NAAQS triggering additional
Serious area planning requirements
under the CAA. This action does not
establish an environmental standard
intended to mitigate health or safety
risks.
I. Executive Order 13211, Actions That
Significantly Affect Energy Supply,
Distribution, or Use
This final rule is not subject to
Executive Order 13211, ‘‘Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use’’ (66 FR 28355, May
22, 2001) because it is not a significant
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regulatory action under Executive Order
12866.
J. National Technology Transfer and
Advancement Act
This action is not subject to the
requirements of Section 12(d) of the
National Technology Transfer and
Advancement Act of 1995 (15 U.S.C.
272 note) because it does not involve
technical standards.
K. Executive Order 12898: Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Population
Executive Order 12898 (59 FR 7629,
Feb. 16, 1994) establishes federal
executive policy on environmental
justice. Its main provision directs
federal agencies, to the greatest extent
practicable and permitted by law, to
make environmental justice part of their
mission by identifying and addressing,
as appropriate, disproportionately high
and adverse human health or
environmental effects of their programs,
policies, and activities on minority
populations and low-income
populations in the United States. The
EPA has determined that this action will
not have disproportionately high and
adverse human health or environmental
effects on minority or low-income
populations because it does not affect
the level of protection provided to
human health or the environment. The
effect of this final action is to reclassify
the West Pinal County nonattainment
area as Serious nonattainment for the
1987 24-hour PM10 NAAQS triggering
additional Serious area planning
requirements under the CAA.
L. Congressional Review Act (CRA)
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. The EPA will
submit a report containing this action
and other required information to the
U.S. Senate, the U.S. House of
Representatives, and the Comptroller
General of the United States prior to
publication of the rule in the Federal
Register. A major rule cannot take effect
until 60 days after it is published in the
Federal Register. This action is not a
‘‘major rule’’ as defined by 5 U.S.C.
804(2).
M. Petitions for Judicial Review
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by August 24, 2020.
Filing a petition for reconsideration by
the Administrator of this final rule does
not affect the finality of this action for
the purposes of judicial review, does not
extend the time within which a petition
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action. This action may not
be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
List of Subjects in 40 CFR Part 81
Environmental protection, Air
pollution control, Intergovernmental
relations, National parks, Particulate
matter, Wilderness areas.
Authority: 42 U.S.C. 7401 et seq.
Dated: June 8, 2020.
John Busterud,
Regional Administrator, Region IX.
Chapter I, title 40 of the Code of
Federal Regulations is amended as
follows:
PART 81—DESIGNATION OF AREAS
FOR AIR QUALITY PLANNING
PURPOSES
1. The authority citation for part 81
continues to read as follows:
■
Authority: 42 U.S.C. 7401, et seq.
2. In § 81.303 amend in the table
‘‘Arizona–PM–10’’ by revising the entry
under Pinal County (part) for ‘‘West
Pinal’’ to read as follows:
■
§ 81.303
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Arizona.
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ARIZONA—PM–10
Designation
Classification
Designated area
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Pinal County (part):
West Pinal ................................................................................................
1. Commencing at a point which is the intersection of the western
line of Range 2 East, Gila and Salt River Baseline and Meridian,
and the northern line of Township 4 South, which is the point of
beginning:
2. Thence, proceed easterly along the northern line of Township 4
South to a point where the northern line of Township 4 South
intersects the western line of Range 7 East;
3. Thence, northerly along the western line of Range 7 East to a
point where the western line of Range 7 East intersects the
northern line of Township 3 South;
4. Thence, easterly along the northern line of Township 3 South to
a point where the northern line of Township 3 South intersects
the western line of Range 8 East;
5. Thence, northerly along the western line of Range 8 East to a
point where the western line of Range 8 East intersects the
northern line of Township 1 South;
6. Thence, easterly along the northern line of Township 1 South to
a point where the northern line of Township 1 South intersects
the eastern line of Range 8 East;
7. Thence southerly along the eastern line of Range 8 East to a
point where the eastern line of Range 8 East intersects the
Northern line of Township 3 South;
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Federal Register / Vol. 85, No. 122 / Wednesday, June 24, 2020 / Rules and Regulations
37759
ARIZONA—PM–10—Continued
Designation
Classification
Designated area
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Type
8. Thence easterly along the northern line of Township 3 South to
a point where the northern line of Township 3 South intersects
the eastern line of Range 9 East;
9. Thence southerly along the eastern line of Range 9 east to a
point where the eastern line of Range 9 East intersects the
northern line of Township 4 South;
10. Thence easterly along the northern line of Township 4 South to
a point where the northern line of Township 4 South intersects
the eastern line of Range 10 East;
11. Thence southerly along the eastern line of Range 10 East to a
point where the eastern line of Range 10 East intersects the
southern line of Township 5 South;
12. Thence westerly along the southern line of Township 5 South
to a point where the southern line of Township 5 South intersects the eastern line of Range 8 East;
13. Thence southerly along the eastern line of Range 8 East to a
point where the eastern line of Range 8 East intersects the
northern line of Township 8 South;
14. Thence easterly along the northern line of Township 8 South to
a point where the northern line of Township 8 South intersects
the eastern line of Range 9 East;
15. Thence southerly along the eastern line of Range 9 east to a
point where the eastern line of Range 9 East intersects the
northern line of Township 9 South;
16. Thence easterly along the northern line of Township 9 South to
a point where the northern line of Township 9 South intersects
the eastern line of Range 10 East;
17. Thence southerly along the eastern line of Range 10 East to a
point where the eastern line of Range 10 East intersects the
southern line of Township 9 South;
18. Thence westerly along the southern line of Township 9 South
to a point where the southern line of Township 9 South intersects the western line of Range 7 East;
19. Thence northerly along the western line of Range 7 East to a
point where the western line of Range 7 East intersects the
southern line of Township 8 South;
20. Thence westerly along the southern line of Township 8 South
to a point where the southern line of Township 8 South intersects the western line of Range 6 East;
21. Thence northerly along the western line of Range 6 East to a
point where the western line of Range 6 East intersects the
southern line of Township 7 South;
22. Thence, westerly along the southern line of Township 7 South
to a point where the southern line of Township 7 South intersects the quarter section line common to the southwestern
southwest quarter section and the southeastern southwest quarter section of section 34, Range 3 East and Township 7 South;
23. Thence, northerly along the along the quarter section line common to the southwestern southwest quarter section and the
southeastern southwest quarter section of sections 34, 27, 22,
and 15, Range 3 East and Township 7 South, to a point where
the quarter section line common to the southwestern southwest
quarter section and the southeastern southwest quarter section
of sections 34, 27, 22, and 15, Range 3 East and Township 7
South, intersects the northern line of section 15, Range 3 East
and Township 7 South;
24. Thence, westerly along the northern line of sections 15, 16, 17,
and 18, Range 3 East and Township 7 South, and the northern
line of sections 13, 14, 15, 16, 17, and 18, Range 2 East and
Township 7 South, to a point where the northern line of sections
15, 16, 17, and 18, Range 3 East and Township 7 South, and
the northern line of sections 13, 14, 15, 16, 17, and 18, Range 2
East and Township 7 South, intersect the western line of Range
2 East, which is the common boundary between Maricopa and
Pinal Counties, as described in Arizona Revised Statutes sections 11–109 and 11–113;
25. Thence, northerly along the western line of Range 2 East to
the point of beginning which is the point where the western line
of Range 2 East intersects the northern line of Township 4
South;
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Type
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Federal Register / Vol. 85, No. 122 / Wednesday, June 24, 2020 / Rules and Regulations
ARIZONA—PM–10—Continued
Designation
Classification
Designated area
Date
Type
Date
Type
26. Except that portion of the area defined by paragraphs 1
through 25 above that lies within the Ak-Chin Indian Reservation, Gila River Indian Reservation, and the Tohono O’odham
Nation’s Florence Village and San Lucy Farms.
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[FR Doc. 2020–12827 Filed 6–23–20; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
[EPA–HQ–OPP–2020–0045; FRL–10008–92]
Indaziflam; Pesticide Tolerances
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
This regulation establishes
tolerances for residues of indaziflam in
or on multiple commodities which are
identified and discussed later in this
document. Bayer CropScience requested
these tolerances under the Federal Food,
Drug, and Cosmetic Act (FFDCA).
DATES: This regulation is effective June
24, 2020. Objections and requests for
hearings must be received on or before
August 24, 2020, and must be filed in
accordance with the instructions
provided in 40 CFR part 178 (see also
Unit I.C. of the SUPPLEMENTARY
INFORMATION).
SUMMARY:
The docket for this action,
identified by docket identification (ID)
number EPA–HQ–OPP–2020–0045, is
available at https://www.regulations.gov
or at the Office of Pesticide Programs
Regulatory Public Docket (OPP Docket)
in the Environmental Protection Agency
Docket Center (EPA/DC), West William
Jefferson Clinton Bldg., Rm. 3334, 1301
Constitution Ave. NW, Washington, DC
20460–0001. The Public Reading Room
is open from 8:30 a.m. to 4:30 p.m.,
Monday through Friday, excluding legal
holidays. The telephone number for the
Public Reading Room is (202) 566–1744,
and the telephone number for the OPP
Docket is (703) 305–5805.
Please note that due to the public
health emergency the EPA Docket
Center (EPA/DC) and Reading Room
was closed to public visitors on March
31, 2020. Our EPA/DC staff will
continue to provide customer service
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ADDRESSES:
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via email, phone, and webform. For
further information on EPA/DC services,
docket contact information and the
current status of the EPA/DC and
Reading Room, please visit https://
www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT:
Michael Goodis, Registration Division
(7505P), Office of Pesticide Programs,
Environmental Protection Agency, 1200
Pennsylvania Ave. NW, Washington, DC
20460–0001; main telephone number:
(703) 305–7090; email address:
RDFRNotices@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this action apply to me?
You may be potentially affected by
this action if you are an agricultural
producer, food manufacturer, or
pesticide manufacturer. The following
list of North American Industrial
Classification System (NAICS) codes is
not intended to be exhaustive, but rather
provides a guide to help readers
determine whether this document
applies to them. Potentially affected
entities may include:
• Crop production (NAICS code 111).
• Animal production (NAICS code
112).
• Food manufacturing (NAICS code
311).
• Pesticide manufacturing (NAICS
code 32532).
B. How can I get electronic access to
other related information?
You may access a frequently updated
electronic version of EPA’s tolerance
regulations at 40 CFR part 180 through
the Government Publishing Office’s eCFR site at https://www.ecfr.gov/cgi-bin/
text-idx?&c=ecfr&tpl=/ecfrbrowse/
Title40/40tab_02.tpl.
C. How can I file an objection or hearing
request?
Under FFDCA section 408(g), 21
U.S.C. 346a, any person may file an
objection to any aspect of this regulation
and may also request a hearing on those
objections. You must file your objection
or request a hearing on this regulation
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in accordance with the instructions
provided in 40 CFR part 178. To ensure
proper receipt by EPA, you must
identify docket ID number EPA–HQ–
OPP–2020–0045 in the subject line on
the first page of your submission. All
objections and requests for a hearing
must be in writing, and must be
received by the Hearing Clerk on or
before August 24, 2020. Addresses for
mail and hand delivery of objections
and hearing requests are provided in 40
CFR 178.25(b).
In addition to filing an objection or
hearing request with the Hearing Clerk
as described in 40 CFR part 178, please
submit a copy of the filing (excluding
any Confidential Business Information
(CBI)) for inclusion in the public docket.
Information not marked confidential
pursuant to 40 CFR part 2 may be
disclosed publicly by EPA without prior
notice. Submit the non-CBI copy of your
objection or hearing request, identified
by docket ID number EPA–HQ–OPP–
2020–0045, by one of the following
methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Do not submit electronically any
information you consider to be CBI or
other information whose disclosure is
restricted by statute.
• Mail: OPP Docket, Environmental
Protection Agency Docket Center (EPA/
DC), (28221T), 1200 Pennsylvania Ave.
NW, Washington, DC 20460–0001.
• Hand Delivery: To make special
arrangements for hand delivery or
delivery of boxed information, please
follow the instructions at https://
www.epa.gov/dockets/contacts.html.
Additional instructions on
commenting or visiting the docket,
along with more information about
dockets generally, is available at https://
www.epa.gov/dockets.
II. Summary of Petitioned-For
Tolerance
In the Federal Register of April 15,
2020 (85 FR 20910) (FRL–10006–54),
EPA issued a document pursuant to
FFDCA section 408(d)(3), 21 U.S.C.
346a(d)(3), announcing the filing of a
E:\FR\FM\24JNR1.SGM
24JNR1
]]>Agencies
[Federal Register Volume 85, Number 122 (Wednesday, June 24, 2020)]
[Rules and Regulations]
[Pages 37756-37760]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-12827]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 81
[EPA-R09-OAR-2020-0151; FRL-10010-56-Region 9]
Finding of Failure To Attain the 1987 24-Hour PM10 Standard;
Reclassification as Serious Nonattainment; Pinal County, Arizona
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to determine that the West Pinal County, Arizona nonattainment
area did not attain the 1987 24-hour national ambient air quality
standards (NAAQS or ``standard'') for particulate matter with a
diameter of ten micrometers or smaller (PM10) by December
31, 2018, the statutory attainment date for the nonattainment area.
This action is based on the EPA's calculation of the PM10
design value for the nonattainment area over the 2016-2018 period,
using complete, quality-assured, and certified PM10
monitoring data. With this final determination that West Pinal County
has failed to attain the PM10 NAAQS by its attainment date,
the Clean Air Act (CAA) section 188(b)(2) requires that the
nonattainment area be reclassified to Serious by operation of law.
Within 18 months from the effective date of this reclassification to
Serious, the State must submit State Implementation Plan (SIP)
revisions that comply with the statutory and regulatory requirements
for Serious PM10 nonattainment areas.
DATES: This rule will be effective on July 24, 2020.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R09-OAR-2020-0151. All documents in the docket are
listed on the https://www.regulations.gov website. Although listed in
the index, some information is not publicly available, e.g.,
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Certain other material, such as
copyrighted material, is not placed on the internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available through https://www.regulations.gov, or please
contact the person identified in the FOR FURTHER INFORMATION CONTACT
section for additional availability information.
FOR FURTHER INFORMATION CONTACT: 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. Summary of the Proposed Action
II. Public Comments and EPA Responses
III. Final Action
IV. Statutory and Executive Order Reviews
I. Summary of the Proposed Action
On April 7, 2020, the EPA proposed to determine that the West Pinal
County nonattainment area failed to attain the 1987 24-hour
PM10 NAAQS by December 31, 2018, the statutory attainment
date for the area.\1\ For a PM10 nonattainment area
classified as Moderate under the CAA, such as the West Pinal County
area, section 188(c) of the CAA states that the area's 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.''
Consequently, the applicable attainment date for West Pinal County,
designated nonattainment in 2012, was December 31, 2018. CAA section
188(b)(2) requires the EPA to determine whether any PM10
nonattainment area classified as Moderate attained the 24-hour
PM10 NAAQS by the area's attainment date and requires the
EPA to make such a determination within six months after that date.
---------------------------------------------------------------------------
\1\ 85 FR 19408 (April 7, 2020).
---------------------------------------------------------------------------
Our proposed determination that the West Pinal County area failed
to attain the PM10 NAAQS was based on complete, quality-
assured, and certified PM10 monitoring data for the
appropriate three-year period, 2016-2018. As discussed in our proposal,
an area attains the 24-hour PM10 standard of 150 micrograms
per cubic meter ([mu]g/m\3\) when the expected number of days per
calendar year with a 24-hour concentration exceeding the standard,
referred to as an ``exceedance'', averaged over a three-year period is
equal to or less than one.
In our proposal, the EPA's evaluation of whether the West Pinal
County nonattainment area has met the 1987 24-hour PM10
NAAQS was based on our review of the monitoring data, the adequacy of
the PM10 monitoring network in the nonattainment area, and
the reliability of the data collected by that network. The
PM10 standard is attained when the expected number of
exceedances, averaged over a three-year period, is less than or equal
to one. The expected number of exceedances averaged over a three-year
period at any given monitor is known as the PM10 design
value for that site. The PM10 design value for the
nonattainment area is the highest design value from a monitor within
that area. Three consecutive years of air quality data are required to
show attainment of the PM10 standard.
We reviewed the 2018 PM10 design values for all
regulatory monitoring sites measuring PM10 within the West
Pinal County nonattainment area, expressed as a single value
representing the average expected exceedances over the three-year
period, 2016-2018.\2\ The PM10 data showed that the design
values at multiple monitoring sites are greater than 1.0 estimated
annual average exceedances of the 1987 24-hour PM10 NAAQS.
Consequently, the EPA proposed to determine, based upon three years of
complete, quality-assured and certified data from 2016-2018, that the
West Pinal County nonattainment area did not attain the 1987 24-hour
PM10 NAAQS by the applicable attainment date of December 31,
2018.
---------------------------------------------------------------------------
\2\ A design value is calculated using a specific methodology
from monitored air quality data and is used to compare an area's air
quality to a NAAQS. The methodologies for calculating expected
exceedances for the 24-hour PM10 NAAQS are found in 40
CFR part 50, Appendix K, Section 2.1(a).
---------------------------------------------------------------------------
In our proposal to determine that the West Pinal County area did
not attain the NAAQS by the relevant attainment date, the EPA noted
that the consequence of our determination is that the West Pinal County
area will be reclassified as a Serious PM10 nonattainment
area by operation of law and will be subject to all applicable Serious
area attainment planning and nonattainment New Source Review
requirements. This includes the requirement to submit a Serious area
air quality plan within 18 months of the effective date of our final
rule, per section 189(b)(2) of the CAA. This Serious area air quality
plan must demonstrate attainment of the 24-hour PM10 NAAQS
by December 31, 2022, ten years after the area's designation to
nonattainment, per section 188(c)(2) of the CAA.
[[Page 37757]]
II. Public Comments and EPA Responses
The public comment period on the proposed rule opened on April 7,
2020, the date of its publication in the Federal Register, and closed
on May 7, 2020. During this period, the EPA received one comment letter
submitted by the Sierra Club and The Arizona Center for Law in the
Public Interest (ACLIPI). The Sierra Club and ACLIPI comment letter
expressed support for our proposal and suggested that the EPA take our
final action without delay. A copy of this comment letter is included
in the docket for this final action.
III. Final Action
In accordance with section 188(b)(2) of the CAA, the EPA is taking
final action to determine that the West Pinal County Moderate
nonattainment area did not attain the 1987 24-hour PM10
NAAQS by its applicable attainment date of December 31, 2018. Our
determination that West Pinal County failed to attain the
PM10 NAAQS is based on complete, quality-assured, and
certified PM10 monitoring data for the appropriate three-
year period, 2016-2018.
As a result of our determination of failure to attain the 1987 24-
hour PM10 NAAQS by its applicable attainment date, West
Pinal County is reclassified as a Serious PM10 nonattainment
area by operation of law and is subject to all applicable Serious area
attainment planning and nonattainment New Source Review requirements,
in accordance with section 188(b)(2) of the CAA. This includes the
requirement to submit a Serious area air quality plan within 18 months
of the effective date of our final rule, per section 189(b)(2) of the
CAA. This Serious area air quality plan must demonstrate attainment of
the 24-hour PM10 NAAQS by December 31, 2022, ten years after
the area's designation to nonattainment, per section 188(c)(2) of the
CAA.
IV. 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 under the terms
of Executive Order 12866 (58 FR 51735, October 4, 1993) and Executive
Order 13563 (76 FR 3821, January 21, 2011), and therefore was 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 an Executive Order 13771 regulatory action
because it is not a significant regulatory action under Executive Order
12866.
C. Paperwork Reduction Act
This action does not impose an information collection burden under
the provisions of the Paperwork Reduction Act (44 U.S.C. 3501-3521)
because it does not contain any information collection activities.
D. Regulatory Flexibility Act
I certify that this action will not have a significant economic
impact on a substantial number of small entities under the Regulatory
Flexibility Act (RFA), 5 U.S.C. 601-612. This action will not impose
any requirements on small entities. This action requires the state to
adopt and submit SIP revisions to satisfy the statutory requirements
that apply to Serious areas and would not itself directly regulate any
small entities. We continue to be interested in the potential impacts
of the proposed rule on small entities and welcome comments on issues
related to such impacts.
E. Unfunded Mandates Reform Act
This action does not contain any unfunded mandate of $100 million
or more and does not significantly or uniquely affect small
governments, as described in the Unfunded Mandates Reform Act (UMRA) (2
U.S.C. 1531-1538). This action itself imposes no enforceable duty on
any state, local, or tribal governments, or the private sector. This
action determines that the West Pinal County nonattainment area failed
to attain the 1987 24-hour PM10 NAAQS by its applicable
attainment date, triggering reclassification as a Serious nonattainment
area and existing statutory timeframes for the state to submit SIP
revisions. Such a reclassification in and of itself does not impose any
federal intergovernmental mandate.
F. Executive Order 13132: Federalism
This action does not have federalism implications. It will not have
substantial direct effects on the states, on the relationship between
the national government and the states, or on the distribution of power
and responsibilities among the various levels of government, as
specified in Executive Order 13132 (64 FR 43255, August 10, 1999). The
requirement to submit SIP revisions to meet the 1987 24-hour
PM10 NAAQS is imposed by the CAA. This final rule does not
alter the distribution of power and responsibilities established in the
CAA. Thus, Executive Order 13132 does not apply to this action. In the
spirit of Executive Order 13132 and consistent with EPA policy to
promote communications between the EPA and state and local governments,
the EPA specifically solicited comments on our prior proposed action
from state and local officials.
G. Executive Order 13175, Consultation and Coordination With Indian
Tribal Governments
This action does not have tribal implications as specified in
Executive Order 13175. No areas of Indian country are located within
the West Pinal County PM10 nonattainment area. Therefore, no
tribal areas are implicated in the area that the EPA has determined to
have failed to attain the 1987 24-hour PM10 NAAQS by the
applicable attainment date. The CAA and the Tribal Authority Rule
establish the relationship of the federal government and tribes in
developing plans to attain the NAAQS, and this rule does nothing to
modify that relationship. Thus, Executive Order 13175 does not apply to
this action.
H. Executive Order 13045, Protection of Children From Environmental
Health Risks and Safety Risks
The EPA interprets Executive Order 13045 (62 FR 19885, April 23,
1997) 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 the effect of
this action is to reclassify the West Pinal County nonattainment area
as Serious nonattainment for the 1987 24-hour PM10 NAAQS
triggering additional Serious area planning requirements under the CAA.
This action does not establish an environmental standard intended to
mitigate health or safety risks.
I. Executive Order 13211, Actions That Significantly Affect Energy
Supply, Distribution, or Use
This final rule is not subject to Executive Order 13211, ``Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use'' (66 FR 28355, May 22, 2001) because it is not a
significant
[[Page 37758]]
regulatory action under Executive Order 12866.
J. National Technology Transfer and Advancement Act
This action is not subject to the requirements of Section 12(d) of
the National Technology Transfer and Advancement Act of 1995 (15 U.S.C.
272 note) because it does not involve technical standards.
K. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Population
Executive Order 12898 (59 FR 7629, Feb. 16, 1994) establishes
federal executive policy on environmental justice. Its main provision
directs federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies, and activities on minority populations and low-income
populations in the United States. The EPA has determined that this
action will not have disproportionately high and adverse human health
or environmental effects on minority or low-income populations because
it does not affect the level of protection provided to human health or
the environment. The effect of this final action is to reclassify the
West Pinal County nonattainment area as Serious nonattainment for the
1987 24-hour PM10 NAAQS triggering additional Serious area
planning requirements under the CAA.
L. Congressional Review Act (CRA)
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. The EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
M. Petitions for Judicial Review
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by August 24, 2020. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review, does not extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 81
Environmental protection, Air pollution control, Intergovernmental
relations, National parks, Particulate matter, Wilderness areas.
Authority: 42 U.S.C. 7401 et seq.
Dated: June 8, 2020.
John Busterud,
Regional Administrator, Region IX.
Chapter I, title 40 of the Code of Federal Regulations is amended
as follows:
PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES
0
1. The authority citation for part 81 continues to read as follows:
Authority: 42 U.S.C. 7401, et seq.
0
2. In Sec. 81.303 amend in the table ``Arizona-PM-10'' by revising the
entry under Pinal County (part) for ``West Pinal'' to read as follows:
Sec. 81.303 Arizona.
* * * * *
Arizona--PM-10
----------------------------------------------------------------------------------------------------------------
Designation Classification
Designated area -----------------------------------------------------------------------
Date Type Date Type
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Pinal County (part):
West Pinal.......................... 7/2/12 Nonattainment..... 7/24/20 Serious.
1. Commencing at a point which
is the intersection of the
western line of Range 2 East,
Gila and Salt River Baseline
and Meridian, and the northern
line of Township 4 South, which
is the point of beginning:
2. Thence, proceed easterly
along the northern line of
Township 4 South to a point
where the northern line of
Township 4 South intersects the
western line of Range 7 East;
3. Thence, northerly along the
western line of Range 7 East to
a point where the western line
of Range 7 East intersects the
northern line of Township 3
South;
4. Thence, easterly along the
northern line of Township 3
South to a point where the
northern line of Township 3
South intersects the western
line of Range 8 East;
5. Thence, northerly along the
western line of Range 8 East to
a point where the western line
of Range 8 East intersects the
northern line of Township 1
South;
6. Thence, easterly along the
northern line of Township 1
South to a point where the
northern line of Township 1
South intersects the eastern
line of Range 8 East;
7. Thence southerly along the
eastern line of Range 8 East to
a point where the eastern line
of Range 8 East intersects the
Northern line of Township 3
South;
[[Page 37759]]
8. Thence easterly along the
northern line of Township 3
South to a point where the
northern line of Township 3
South intersects the eastern
line of Range 9 East;
9. Thence southerly along the
eastern line of Range 9 east to
a point where the eastern line
of Range 9 East intersects the
northern line of Township 4
South;
10. Thence easterly along the
northern line of Township 4
South to a point where the
northern line of Township 4
South intersects the eastern
line of Range 10 East;
11. Thence southerly along the
eastern line of Range 10 East
to a point where the eastern
line of Range 10 East
intersects the southern line of
Township 5 South;
12. Thence westerly along the
southern line of Township 5
South to a point where the
southern line of Township 5
South intersects the eastern
line of Range 8 East;
13. Thence southerly along the
eastern line of Range 8 East to
a point where the eastern line
of Range 8 East intersects the
northern line of Township 8
South;
14. Thence easterly along the
northern line of Township 8
South to a point where the
northern line of Township 8
South intersects the eastern
line of Range 9 East;
15. Thence southerly along the
eastern line of Range 9 east to
a point where the eastern line
of Range 9 East intersects the
northern line of Township 9
South;
16. Thence easterly along the
northern line of Township 9
South to a point where the
northern line of Township 9
South intersects the eastern
line of Range 10 East;
17. Thence southerly along the
eastern line of Range 10 East
to a point where the eastern
line of Range 10 East
intersects the southern line of
Township 9 South;
18. Thence westerly along the
southern line of Township 9
South to a point where the
southern line of Township 9
South intersects the western
line of Range 7 East;
19. Thence northerly along the
western line of Range 7 East to
a point where the western line
of Range 7 East intersects the
southern line of Township 8
South;
20. Thence westerly along the
southern line of Township 8
South to a point where the
southern line of Township 8
South intersects the western
line of Range 6 East;
21. Thence northerly along the
western line of Range 6 East to
a point where the western line
of Range 6 East intersects the
southern line of Township 7
South;
22. Thence, westerly along the
southern line of Township 7
South to a point where the
southern line of Township 7
South intersects the quarter
section line common to the
southwestern southwest quarter
section and the southeastern
southwest quarter section of
section 34, Range 3 East and
Township 7 South;
23. Thence, northerly along the
along the quarter section line
common to the southwestern
southwest quarter section and
the southeastern southwest
quarter section of sections 34,
27, 22, and 15, Range 3 East
and Township 7 South, to a
point where the quarter section
line common to the southwestern
southwest quarter section and
the southeastern southwest
quarter section of sections 34,
27, 22, and 15, Range 3 East
and Township 7 South,
intersects the northern line of
section 15, Range 3 East and
Township 7 South;
24. Thence, westerly along the
northern line of sections 15,
16, 17, and 18, Range 3 East
and Township 7 South, and the
northern line of sections 13,
14, 15, 16, 17, and 18, Range 2
East and Township 7 South, to a
point where the northern line
of sections 15, 16, 17, and 18,
Range 3 East and Township 7
South, and the northern line of
sections 13, 14, 15, 16, 17,
and 18, Range 2 East and
Township 7 South, intersect the
western line of Range 2 East,
which is the common boundary
between Maricopa and Pinal
Counties, as described in
Arizona Revised Statutes
sections 11-109 and 11-113;
25. Thence, northerly along the
western line of Range 2 East to
the point of beginning which is
the point where the western
line of Range 2 East intersects
the northern line of Township 4
South;
[[Page 37760]]
26. Except that portion of the
area defined by paragraphs 1
through 25 above that lies
within the Ak-Chin Indian
Reservation, Gila River Indian
Reservation, and the Tohono
O'odham Nation's Florence
Village and San Lucy Farms.
* * * * * * *
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* * * * *
[FR Doc. 2020-12827 Filed 6-23-20; 8:45 am]
BILLING CODE 6560-50-P
