Maintenance Plan and Redesignation Request for the Ajo PM10, 47032-47035 [2020-15970]
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Federal Register / Vol. 85, No. 150 / Tuesday, August 4, 2020 / Rules and Regulations
responsibilities between the Federal
Government and Indian tribes.
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
E. Unfunded Mandates Reform Act
■
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
F. Environment
We have analyzed this rule under
Department of Homeland Security
Directive 023–01, Rev. 1, associated
implementing instructions, and
Environmental Planning COMDTINST
5090.1 (series), which guide the Coast
Guard in complying with the National
Environmental Policy Act of 1969 (42
U.S.C. 4321–4370f), and have
determined that this action is one of a
category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves a
temporary emergency safety zone on the
LMR from MM 594.0 to MM 597.0, that
will prohibit entry into this zone unless
permission has been granted by the
COTP Lower Mississippi or a designated
representative. The safety zone will only
be enforced during daylight hours while
dredging operations preclude the safe
navigation of the established channel. It
is categorically excluded from further
review under paragraph L60(d) of
Appendix A, Table 1 of DHS Instruction
Manual 023–01–001–01, Rev. 1.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to call or email the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
jbell on DSKJLSW7X2PROD with RULES
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
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1. The authority citation for Part 165
continues to read as follows:
Authority: 46 U.S.C. 70034, 70051; 33 CFR
1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 0170.1.
2. Add § 165.T08–0414 to read as
follows:
■
§ 165.T08–0414 Emergency Safety Zone;
Lower Mississippi River, Rosedale, MS.
(a) Location. The following area is a
safety zone: All waters of the
Mississippi River from MM 594.0 to
MM 597.0.
(b) Regulations. (1) Under the general
safety zone regulations in subpart C of
this part, you may not enter the safety
zone described in paragraph (a) of this
section unless authorized by the COTP
or the COTP’s designated representative.
(2) To seek permission to enter,
contact the COTP or the COTP’s
representative by telephone or email.
Those in the safety zone must comply
with all lawful orders or directions
given to them by the COTP or the
COTP’s designated representative.
(c) Enforcement period. This section
will be enforced as needed during
daylight hours from July 22, 2020
through August 5, 2020, or until all
dredge work is complete, whichever
occurs earlier. Periods of activation will
be promulgated by Broadcast Notice to
Mariners.
Dated: July 20, 2020.
R.S. Rhodes,
Captain, U.S. Coast Guard, Captain of the
Port Lower Mississippi River.
[FR Doc. 2020–16038 Filed 8–3–20; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 81
[EPA–R09–OAR–2019–0609; FRL–10012–
54–Region 9]
Maintenance Plan and Redesignation
Request for the Ajo PM10 Planning
Area; Arizona
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking final action to
approve the ‘‘Ajo PM10 Redesignation
Request and Maintenance Plan (May 3,
2019)’’ (‘‘Ajo PM10 Maintenance Plan’’
or ‘‘Plan’’) as a revision to the state
SUMMARY:
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implementation plan (SIP) for the State
of Arizona. The Ajo PM10 Maintenance
Plan includes, among other elements, an
emissions inventory consistent with
attainment, a maintenance
demonstration, contingency provisions,
and a demonstration that contributions
from motor vehicle emissions to PM10 in
the Ajo planning area are insignificant.
The EPA is also approving the State of
Arizona’s request to redesignate the Ajo
planning area from nonattainment to
attainment for the national ambient air
quality standards (NAAQS or
‘‘standards’’) for particulate matter of
ten microns or less (PM10). Lastly, the
EPA is taking final action to delete the
area designation for Ajo for the revoked
NAAQS for total suspended particulate
(TSP) because the designation is no
longer necessary. The EPA is finalizing
these actions because the SIP revision
meets the applicable requirements
under the Clean Air Act (CAA or ‘‘Act’’)
for maintenance plans and because the
State has met the requirements under
the Act for redesignation of a
nonattainment area to attainment with
respect to the Ajo planning area.
This rule is effective on
September 3, 2020.
DATES:
The EPA has established a
docket for this action under Docket ID
No. EPA–R09–OAR–2019–0609. 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.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Ashley Graham, Air Planning Office
(AIR–2), EPA Region IX, 75 Hawthorne
Street, San Francisco, CA 94105, (415)
972–3877, or by email at
graham.ashleyr@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ refer to the EPA.
Table of Contents
I. Summary of Proposed Action
II. Public Comments
III. Final Action
IV. Statutory and Executive Order Reviews
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I. Summary of Proposed Action
On June 4, 2020 (85 FR 34381), under
CAA section 110(k)(3), the EPA
proposed to approve the Ajo PM10
Maintenance Plan submitted by the
Arizona Department of Environmental
Quality (ADEQ) on May 10, 2019, as a
revision to the Arizona SIP.1 In so
doing, we found that the Ajo PM10
Maintenance Plan adequately
demonstrates that the area will maintain
the PM10 NAAQS for 10 years beyond
redesignation and includes sufficient
contingency provisions to promptly
correct any violation of the PM10
standards that occurs after
redesignation, and thereby meets the
requirements for maintenance plans
under CAA section 175A. We also
proposed to approve the attainment
inventory as meeting the requirements
of CAA section 172(c)(3), and to
approve the demonstration that the
PM10 contributions from motor vehicle
emissions to PM10 in the Ajo planning
area are insignificant.
In our June 4, 2020 proposed rule,
under CAA section 107(d)(3)(D), we
proposed to grant the ADEQ’s request to
redesignate the Ajo PM10 planning area
from ‘‘nonattainment’’ to ‘‘attainment’’
for the PM10 standards. We proposed to
do so based on our conclusion that the
Ajo planning area has attained the PM10
standards based on the most recent
three-year period (2017–2019) of
quality-assured, certified, and complete
PM10 data; that the relevant portions of
the Arizona SIP are, or will be as part
of this action, fully approved; that the
improvement in air quality is due to
permanent and enforceable emissions
reductions; 2 that Arizona has met all
requirements applicable to the Ajo
planning area with respect to section
110 and part D of the CAA if we finalize
our approval of the attainment
inventory in the Ajo PM10 Maintenance
Plan; that based on our proposed
approval as described above, the Ajo
PM10 Maintenance Plan meets the
1 ADEQ submitted the Ajo PM
10 Maintenance
Plan electronically to the EPA on May 10, 2019.
ADEQ’s transmittal letter for the Ajo PM10
Maintenance Plan is dated May 8, 2019.
2 As discussed in our proposal, the Pima County
Board of Supervisors adopted Pima County Code
(PCC) Section 17.16.125 (‘‘Inactive Mineral Tailings
Impoundment and Slag Storage Area within the Ajo
PM10 Planning Area’’) to provide for continued
maintenance and enforcement of measures already
implemented to control windblown dust from the
tailings impoundment and slag storage area (85 FR
34381, 34382). On June 23, 2020, the Region IX
Regional Administrator signed a final rule
approving PCC Section 17.16.125 as a revision to
the Arizona SIP. The signed final rule has not yet
been published in the Federal Register, but upon
its effective date, the requirements therein will
become permanent and enforceable for the purposes
of CAA section 107(d)(3)(E)(iii).
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requirements for maintenance plans
under section 175A of the CAA; and
that therefore, Arizona has met the
criteria for redesignation under CAA
section 107(d)(3)(E) for the Ajo PM10
planning area.
Lastly, we proposed to delete the area
designation for Ajo for the revoked
NAAQS for TSP.
Please see our June 4, 2020 proposed
rule for a detailed discussion of the
background for these actions, and the
rationale for approval of the Ajo PM10
Maintenance Plan, for granting the
ADEQ’s request for redesignation of the
Ajo planning area to attainment, and for
deleting the TSP designation for Ajo.
II. Public Comments
Our June 4, 2020 proposed rule
provided a 30-day public comment
period that closed on July 6, 2020. We
received one comment during this
period from the Pima Association of
Governments supporting our proposal to
find that the Ajo PM10 Maintenance
Plan adequately demonstrates that PM10
contributions from motor vehicle
emissions to the PM10 air quality
problem in the Ajo nonattainment area
are insignificant.
III. Final Action
Under CAA section 110(k)(3), and for
the reasons set forth in our June 4, 2020
proposed rule, the EPA is taking final
action to approve the Ajo PM10
Maintenance Plan as a revision to the
Arizona SIP. The EPA finds that the
maintenance demonstration showing
how the area will continue to attain the
24-hour PM10 NAAQS for 10 years
beyond redesignation, and the
contingency provisions describing the
actions that the ADEQ will take in the
event of a future monitored violation,
meet all applicable requirements for
maintenance plans and related
contingency provisions in CAA section
175A. The EPA is also approving the
attainment inventory as meeting the
requirement of CAA section 172(c)(3),
and the demonstration that the PM10
contributions from motor vehicle
emissions to PM10 in the Ajo planning
area are insignificant.
Second, under CAA section
107(d)(3)(D), we are taking final action
to grant ADEQ’s request, which
accompanied the submittal of the
maintenance plan, to redesignate the
Ajo PM10 nonattainment area to
attainment for the 24-hour PM10
NAAQS. We are doing so based on our
conclusion that the area has met the five
criteria for redesignation under CAA
section 107(d)(3)(E). Our conclusion in
this regard is in turn based on our
determination that the area has attained
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the 24-hour PM10 NAAQS; that relevant
portions of the Arizona SIP are, or will
be as part of this action, fully approved;
that the improvement in air quality is
due to permanent and enforceable
reductions in emissions; that Arizona
has met all requirements applicable to
the Ajo PM10 planning area with respect
to section 110 and part D of the CAA
upon final approval of the attainment
inventory in the Ajo PM10 Maintenance
Plan; and based on our approval (as part
of this action) of the Ajo PM10
Maintenance Plan.
Lastly, the EPA is taking final action
to delete the area designation for Ajo for
the revoked national standards for TSP
because the designation is no longer
necessary.
IV. Statutory and Executive Order
Reviews
Under the CAA, redesignation of an
area to attainment and the
accompanying approval of a
maintenance plan under section
107(d)(3)(E) are actions that affect the
status of a geographic area and do not
impose any additional regulatory
requirements on sources beyond those
imposed by state law. Redesignation to
attainment does not in and of itself
create any new requirements, but rather
results in the applicability of
requirements contained in the CAA for
areas that have been redesignated to
attainment. Moreover, the Administrator
is required to approve a SIP submission
that complies with the provisions of the
Act and applicable federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, the
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, these actions
merely approve a state plan and
redesignation request as meeting federal
requirements and do not impose
additional requirements beyond those
imposed by state law. For these reasons,
these actions:
• Are not a significant regulatory
action subject to review by the Office of
Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Are not an Executive Order 13771
(82 FR 9339, February 2, 2017)
regulatory action because SIP approvals
are exempted under Executive Order
12866;
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Are certified as not having a
significant economic impact on a
substantial number of small entities
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under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Do 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);
• Do not have federalism implications
as specified in Executive Order 13132
(64 FR 43255, August 10, 1999);
• Are not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Are not a significant regulatory
action subject to Executive Order 13211
(66 FR 28355, May 22, 2001);
• Are not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• Do not provide the 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).
In addition, there are no areas of
Indian country within the Ajo planning
area, and the state plan is not approved
to apply on any Indian reservation land
or in any other area where the EPA or
an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the rule does not have
tribal implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000), because
redesignation is an action that affects
the status of a geographical area and
does not impose any new regulatory
requirements on tribes, affect any
existing sources of air pollution on
tribal lands, nor impair the maintenance
of NAAQS in tribal lands.
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. The EPA will
submit a report containing this action
and other required information to the
U.S. Senate, the U.S. House of
Representatives, and the Comptroller
General of the United States prior to
publication of the rule in the Federal
Register. A major rule cannot take effect
until 60 days after it is published in the
Federal Register. This action is not a
‘‘major rule’’ as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by October 5, 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 nor does it
extend the time within which a petition
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action. This action may not
be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2)).
List of Subjects
40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Particulate matter,
Reporting and recordkeeping
requirements, Sulfur dioxide, Volatile
organic compounds.
40 CFR Part 81
Environmental protection, Air
pollution control, National parks,
Wilderness areas.
Authority: 42 U.S.C. 7401 et seq.
Dated: July 17, 2020.
Deborah Jordan,
Acting Regional Administrator, Region IX.
For the reasons stated in the
preamble, the EPA amends Chapter I,
title 40 of the Code of Federal
Regulations as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C 7401 et seq.
Subpart D—Arizona
2. In § 52.120 amend paragraph (e) by
adding to table 1, under the table
heading ‘‘Part D Elements and Plans
(Other than for the Metropolitan
Phoenix or Tucson Areas)’’ an entry for
‘‘SIP Revision: Ajo PM10 Redesignation
Request and Maintenance Plan (May 3,
2019) (excluding Appendix C)’’ after the
entry for ‘‘Arizona State Implementation
Plan Revision: Miami Sulfur Dioxide
Nonattainment Area for the 2010 SO2
NAAQS, excluding Appendix D’’ to
read as follows.
■
§ 52.120
*
Identification of plan.
*
*
(e) * * *
*
*
TABLE 1—EPA-APPROVED NON-REGULATORY AND QUASI-REGULATORY MEASURES
[Excluding certain resolutions and statutes, which are listed in tables 2 and 3, respectively] 1
Applicable geographic or nonattainment area or title/
subject
Name of SIP provision
*
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EPA approval date
Explanation
*
*
*
*
*
Part D Elements and Plans (Other than for the Metropolitan Phoenix or Tucson Areas)
*
*
SIP Revision: Ajo PM10 Redesignation
Request and Maintenance Plan (May
3, 2019) (excluding Appendix C).
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*
Ajo PM10 Air Quality
Planning Area.
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May 10,
2019.
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*
August 4, 2020, [Insert Federal Register citation].
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*
*
*
Appendix C includes Pima County Code
(PCC) Section 17.16.125 and the related public process documentation.
PCC Section 17.16.125 was approved
in a separate action and is listed in
table 7 of 40 CFR 52.120(c). ADEQ’s
submittal letter date is the same as the
date of adoption, May 8, 2019. Submitted electronically on May 10, 2019.
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TABLE 1—EPA-APPROVED NON-REGULATORY AND QUASI-REGULATORY MEASURES—Continued
[Excluding certain resolutions and statutes, which are listed in tables 2 and 3, respectively] 1
Applicable geographic or nonattainment area or title/
subject
Name of SIP provision
*
*
State submittal date
*
EPA approval date
*
Explanation
*
*
*
1 Table
1 is divided into three parts: Clean Air Act Section 110(a)(2) State Implementation Plan Elements (excluding Part D Elements and
Plans), Part D Elements and Plans (other than for the Metropolitan Phoenix or Tucson Areas), and Part D Elements and Plans for the Metropolitan Phoenix and Tucson Areas.
*
*
*
*
Authority: 42 U.S.C 7401 et seq.
*
b. Revising in the table under
‘‘Arizona—TSP,’’ the entry for ‘‘Rest of
State’’; and
■ c. Revising in the table under
‘‘Arizona—PM–10,’’ the entry under
Pima County for ‘‘Ajo planning area’’.
The revisions read as follows:
■
Subpart C—Section 107 Attainment
Status Designations
PART 81—DESIGNATION OF AREAS
FOR AIR QUALITY PLANNING
PURPOSES
4. Section 81.303 is amended by:
■ a. Removing in the table under
‘‘Arizona—TSP,’’ the entry for ‘‘Ajo’’;
■
3. The authority citation for part 81
continues to read as follows:
■
§ 81.303
Arizona.
ARIZONA—TSP
Does not meet
primary
standards
Designated area
*
*
*
*
Rest of State 2 .................................................................................................
1
2
*
Does not meet
secondary
standards
Cannot be
classified
........................
*
........................
*
........................
Better than
national
standards
*
1X
EPA designation replaces State designation.
Excluding Ajo (T12S, R6W).
*
*
*
*
ARIZONA—PM–10
Designation
Classification
Designated area
Date
*
Pima County:
*
*
*
*
*
*
Ajo planning area .............................................................
Township T12S, R6W, and the following sections of Township T12S, R5W:
a. Sections 6–8.
b. Sections 17–20, and.
c. Sections 29–32.
*
*
*
*
*
*
*
*
*
*
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 228
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[EPA–R04–OW–2016–0354; FRL–10012–27–
Region 4]
Ocean Dumping: Modification of an
Ocean Dredged Material Disposal Site
Offshore of Mobile, Alabama
Environmental Protection
Agency (EPA).
AGENCY:
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ACTION:
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Type
*
*
*
*
*
*
Final rule.
The Environmental Protection
Agency (EPA) is issuing a rule that
modifies the existing EPA-designated
ocean dredged material disposal site
(ODMDS) offshore of Mobile, Alabama
(referred to hereafter as the existing
Mobile ODMDS), pursuant to the
Marine Protection, Research and
Sanctuaries Act of 1972, as amended
(MPRSA). The primary purpose for the
SUMMARY:
BILLING CODE 6560–50–P
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Date
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September 3, 2020 ................ Attainment.
*
[FR Doc. 2020–15970 Filed 8–3–20; 8:45 am]
Type
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]]>Agencies
[Federal Register Volume 85, Number 150 (Tuesday, August 4, 2020)]
[Rules and Regulations]
[Pages 47032-47035]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-15970]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[EPA-R09-OAR-2019-0609; FRL-10012-54-Region 9]
Maintenance Plan and Redesignation Request for the Ajo PM10
Planning Area; Arizona
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve the ``Ajo PM10 Redesignation Request and
Maintenance Plan (May 3, 2019)'' (``Ajo PM10 Maintenance
Plan'' or ``Plan'') as a revision to the state implementation plan
(SIP) for the State of Arizona. The Ajo PM10 Maintenance
Plan includes, among other elements, an emissions inventory consistent
with attainment, a maintenance demonstration, contingency provisions,
and a demonstration that contributions from motor vehicle emissions to
PM10 in the Ajo planning area are insignificant. The EPA is
also approving the State of Arizona's request to redesignate the Ajo
planning area from nonattainment to attainment for the national ambient
air quality standards (NAAQS or ``standards'') for particulate matter
of ten microns or less (PM10). Lastly, the EPA is taking
final action to delete the area designation for Ajo for the revoked
NAAQS for total suspended particulate (TSP) because the designation is
no longer necessary. The EPA is finalizing these actions because the
SIP revision meets the applicable requirements under the Clean Air Act
(CAA or ``Act'') for maintenance plans and because the State has met
the requirements under the Act for redesignation of a nonattainment
area to attainment with respect to the Ajo planning area.
DATES: This rule is effective on September 3, 2020.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R09-OAR-2019-0609. 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: Ashley Graham, Air Planning Office
(AIR-2), EPA Region IX, 75 Hawthorne Street, San Francisco, CA 94105,
(415) 972-3877, or by email at [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,''
and ``our'' refer to the EPA.
Table of Contents
I. Summary of Proposed Action
II. Public Comments
III. Final Action
IV. Statutory and Executive Order Reviews
[[Page 47033]]
I. Summary of Proposed Action
On June 4, 2020 (85 FR 34381), under CAA section 110(k)(3), the EPA
proposed to approve the Ajo PM10 Maintenance Plan submitted
by the Arizona Department of Environmental Quality (ADEQ) on May 10,
2019, as a revision to the Arizona SIP.\1\ In so doing, we found that
the Ajo PM10 Maintenance Plan adequately demonstrates that
the area will maintain the PM10 NAAQS for 10 years beyond
redesignation and includes sufficient contingency provisions to
promptly correct any violation of the PM10 standards that
occurs after redesignation, and thereby meets the requirements for
maintenance plans under CAA section 175A. We also proposed to approve
the attainment inventory as meeting the requirements of CAA section
172(c)(3), and to approve the demonstration that the PM10
contributions from motor vehicle emissions to PM10 in the
Ajo planning area are insignificant.
---------------------------------------------------------------------------
\1\ ADEQ submitted the Ajo PM10 Maintenance Plan
electronically to the EPA on May 10, 2019. ADEQ's transmittal letter
for the Ajo PM10 Maintenance Plan is dated May 8, 2019.
---------------------------------------------------------------------------
In our June 4, 2020 proposed rule, under CAA section 107(d)(3)(D),
we proposed to grant the ADEQ's request to redesignate the Ajo
PM10 planning area from ``nonattainment'' to ``attainment''
for the PM10 standards. We proposed to do so based on our
conclusion that the Ajo planning area has attained the PM10
standards based on the most recent three-year period (2017-2019) of
quality-assured, certified, and complete PM10 data; that the
relevant portions of the Arizona SIP are, or will be as part of this
action, fully approved; that the improvement in air quality is due to
permanent and enforceable emissions reductions; \2\ that Arizona has
met all requirements applicable to the Ajo planning area with respect
to section 110 and part D of the CAA if we finalize our approval of the
attainment inventory in the Ajo PM10 Maintenance Plan; that
based on our proposed approval as described above, the Ajo
PM10 Maintenance Plan meets the requirements for maintenance
plans under section 175A of the CAA; and that therefore, Arizona has
met the criteria for redesignation under CAA section 107(d)(3)(E) for
the Ajo PM10 planning area.
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\2\ As discussed in our proposal, the Pima County Board of
Supervisors adopted Pima County Code (PCC) Section 17.16.125
(``Inactive Mineral Tailings Impoundment and Slag Storage Area
within the Ajo PM10 Planning Area'') to provide for
continued maintenance and enforcement of measures already
implemented to control windblown dust from the tailings impoundment
and slag storage area (85 FR 34381, 34382). On June 23, 2020, the
Region IX Regional Administrator signed a final rule approving PCC
Section 17.16.125 as a revision to the Arizona SIP. The signed final
rule has not yet been published in the Federal Register, but upon
its effective date, the requirements therein will become permanent
and enforceable for the purposes of CAA section 107(d)(3)(E)(iii).
---------------------------------------------------------------------------
Lastly, we proposed to delete the area designation for Ajo for the
revoked NAAQS for TSP.
Please see our June 4, 2020 proposed rule for a detailed discussion
of the background for these actions, and the rationale for approval of
the Ajo PM10 Maintenance Plan, for granting the ADEQ's
request for redesignation of the Ajo planning area to attainment, and
for deleting the TSP designation for Ajo.
II. Public Comments
Our June 4, 2020 proposed rule provided a 30-day public comment
period that closed on July 6, 2020. We received one comment during this
period from the Pima Association of Governments supporting our proposal
to find that the Ajo PM10 Maintenance Plan adequately
demonstrates that PM10 contributions from motor vehicle
emissions to the PM10 air quality problem in the Ajo
nonattainment area are insignificant.
III. Final Action
Under CAA section 110(k)(3), and for the reasons set forth in our
June 4, 2020 proposed rule, the EPA is taking final action to approve
the Ajo PM10 Maintenance Plan as a revision to the Arizona
SIP. The EPA finds that the maintenance demonstration showing how the
area will continue to attain the 24-hour PM10 NAAQS for 10
years beyond redesignation, and the contingency provisions describing
the actions that the ADEQ will take in the event of a future monitored
violation, meet all applicable requirements for maintenance plans and
related contingency provisions in CAA section 175A. The EPA is also
approving the attainment inventory as meeting the requirement of CAA
section 172(c)(3), and the demonstration that the PM10
contributions from motor vehicle emissions to PM10 in the
Ajo planning area are insignificant.
Second, under CAA section 107(d)(3)(D), we are taking final action
to grant ADEQ's request, which accompanied the submittal of the
maintenance plan, to redesignate the Ajo PM10 nonattainment
area to attainment for the 24-hour PM10 NAAQS. We are doing
so based on our conclusion that the area has met the five criteria for
redesignation under CAA section 107(d)(3)(E). Our conclusion in this
regard is in turn based on our determination that the area has attained
the 24-hour PM10 NAAQS; that relevant portions of the
Arizona SIP are, or will be as part of this action, fully approved;
that the improvement in air quality is due to permanent and enforceable
reductions in emissions; that Arizona has met all requirements
applicable to the Ajo PM10 planning area with respect to
section 110 and part D of the CAA upon final approval of the attainment
inventory in the Ajo PM10 Maintenance Plan; and based on our
approval (as part of this action) of the Ajo PM10
Maintenance Plan.
Lastly, the EPA is taking final action to delete the area
designation for Ajo for the revoked national standards for TSP because
the designation is no longer necessary.
IV. Statutory and Executive Order Reviews
Under the CAA, redesignation of an area to attainment and the
accompanying approval of a maintenance plan under section 107(d)(3)(E)
are actions that affect the status of a geographic area and do not
impose any additional regulatory requirements on sources beyond those
imposed by state law. Redesignation to attainment does not in and of
itself create any new requirements, but rather results in the
applicability of requirements contained in the CAA for areas that have
been redesignated to attainment. Moreover, the Administrator is
required to approve a SIP submission that complies with the provisions
of the Act and applicable federal regulations. 42 U.S.C. 7410(k); 40
CFR 52.02(a). Thus, in reviewing SIP submissions, the EPA's role is to
approve state choices, provided that they meet the criteria of the CAA.
Accordingly, these actions merely approve a state plan and
redesignation request as meeting federal requirements and do not impose
additional requirements beyond those imposed by state law. For these
reasons, these actions:
Are not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
Are not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Are certified as not having a significant economic impact
on a substantial number of small entities
[[Page 47034]]
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.);
Do 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);
Do not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Are not an economically significant regulatory action
based on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Are not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Are not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Do not provide the 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).
In addition, there are no areas of Indian country within the Ajo
planning area, and the state plan is not approved to apply on any
Indian reservation land or in any other area where the EPA or an Indian
tribe has demonstrated that a tribe has jurisdiction. In those areas of
Indian country, the rule does not have tribal implications and will not
impose substantial direct costs on tribal governments or preempt tribal
law as specified by Executive Order 13175 (65 FR 67249, November 9,
2000), because redesignation is an action that affects the status of a
geographical area and does not impose any new regulatory requirements
on tribes, affect any existing sources of air pollution on tribal
lands, nor impair the maintenance of NAAQS in tribal lands.
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. The EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by October 5, 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 nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2)).
List of Subjects
40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Particulate
matter, Reporting and recordkeeping requirements, Sulfur dioxide,
Volatile organic compounds.
40 CFR Part 81
Environmental protection, Air pollution control, National parks,
Wilderness areas.
Authority: 42 U.S.C. 7401 et seq.
Dated: July 17, 2020.
Deborah Jordan,
Acting Regional Administrator, Region IX.
For the reasons stated in the preamble, the EPA amends Chapter I,
title 40 of the Code of Federal Regulations as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C 7401 et seq.
Subpart D--Arizona
0
2. In Sec. 52.120 amend paragraph (e) by adding to table 1, under the
table heading ``Part D Elements and Plans (Other than for the
Metropolitan Phoenix or Tucson Areas)'' an entry for ``SIP Revision:
Ajo PM10 Redesignation Request and Maintenance Plan (May 3,
2019) (excluding Appendix C)'' after the entry for ``Arizona State
Implementation Plan Revision: Miami Sulfur Dioxide Nonattainment Area
for the 2010 SO2 NAAQS, excluding Appendix D'' to read as
follows.
Sec. 52.120 Identification of plan.
* * * * *
(e) * * *
Table 1--EPA-Approved Non-Regulatory and Quasi-Regulatory Measures
[Excluding certain resolutions and statutes, which are listed in tables 2 and 3, respectively] \1\
----------------------------------------------------------------------------------------------------------------
Applicable
geographic or
Name of SIP provision nonattainment State submittal EPA approval date Explanation
area or title/ date
subject
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Part D Elements and Plans (Other than for the Metropolitan Phoenix or Tucson Areas)
* * * * * * *
SIP Revision: Ajo PM10 Ajo PM10 Air May 10, 2019..... August 4, 2020, Appendix C includes
Redesignation Request and Quality Planning [Insert Federal Pima County Code
Maintenance Plan (May 3, 2019) Area. Register (PCC) Section
(excluding Appendix C). citation]. 17.16.125 and the
related public
process
documentation. PCC
Section 17.16.125 was
approved in a
separate action and
is listed in table 7
of 40 CFR 52.120(c).
ADEQ's submittal
letter date is the
same as the date of
adoption, May 8,
2019. Submitted
electronically on May
10, 2019.
[[Page 47035]]
* * * * * * *
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\1\ Table 1 is divided into three parts: Clean Air Act Section 110(a)(2) State Implementation Plan Elements
(excluding Part D Elements and Plans), Part D Elements and Plans (other than for the Metropolitan Phoenix or
Tucson Areas), and Part D Elements and Plans for the Metropolitan Phoenix and Tucson Areas.
* * * * *
PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES
0
3. The authority citation for part 81 continues to read as follows:
Authority: 42 U.S.C 7401 et seq.
Subpart C--Section 107 Attainment Status Designations
0
4. Section 81.303 is amended by:
0
a. Removing in the table under ``Arizona--TSP,'' the entry for ``Ajo'';
0
b. Revising in the table under ``Arizona--TSP,'' the entry for ``Rest
of State''; and
0
c. Revising in the table under ``Arizona--PM-10,'' the entry under Pima
County for ``Ajo planning area''.
The revisions read as follows:
Sec. 81.303 Arizona.
Arizona--TSP
----------------------------------------------------------------------------------------------------------------
Does not meet Does not meet
Designated area primary secondary Cannot be Better than national
standards standards classified standards
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* * * * * * *
Rest of State \2\................... .............. .............. .............. \1\ X
----------------------------------------------------------------------------------------------------------------
\1\ EPA designation replaces State designation.
\2\ Excluding Ajo (T12S, R6W).
* * * * *
Arizona--PM-10
----------------------------------------------------------------------------------------------------------------
Designation Classification
Designated area -----------------------------------------------------------------------------
Date Type Date Type
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Pima County:
* * * * * * *
Ajo planning area............. September 3, 2020.... Attainment...........
Township T12S, R6W, and the
following sections of Township
T12S, R5W:
a. Sections 6-8...............
b. Sections 17-20, and........
c. Sections 29-32.............
* * * * * * *
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* * * * *
[FR Doc. 2020-15970 Filed 8-3-20; 8:45 am]
BILLING CODE 6560-50-P
