Finding of Failure To Submit a State Implementation Plan To Meet the 1987 24-Hour PM10, 38928-38931 [2021-15667]
Download as PDF
38928
Federal Register / Vol. 86, No. 139 / Friday, July 23, 2021 / Rules and Regulations
List of Subjects in 33 CFR Part 165
ENVIRONMENTAL PROTECTION
AGENCY
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
40 CFR Part 52
[EPA–R09–OAR–2021–0373; FRL–8715–02–
R9]
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
Finding of Failure To Submit a State
Implementation Plan To Meet the 1987
24-Hour PM10 Standard; Moderate Area
Requirements; West Pinal County;
Arizona
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
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.T08–0248 to read as
follows:
■
§ 165.T08–0248 Safety Zone; Cumberland
River, Nashville, TN.
khammond on DSKJM1Z7X2PROD with RULES
(a) Location. The following area is a
safety zone: All navigable waters of the
Cumberland River from mile marker
190.5 to mile marker 191.5
(b) Definitions. As used in this
section, designated representative
means a Coast Guard Patrol
Commander, including a Coast Guard
coxswain, petty officer, or other officer
operating a Coast Guard vessel and a
Federal, State, and local officer
designated by or assisting the Captain of
the Port Sector Ohio Valley (COTP) in
the enforcement of the safety zone.
(c) 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 VHF–FM radio
channel 16 or phone at 1–800–253–
7465. 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.
(d) Enforcement periods. This section
will be enforced from 9 p.m. until 10:30
p.m. on August 7, 2021.
Dated: July 14, 2021.
A.M. Beach,
Captain, U.S. Coast Guard, Captain of the
Port Sector Ohio Valley.
[FR Doc. 2021–15767 Filed 7–22–21; 8:45 am]
BILLING CODE 9110–04–P
VerDate Sep<11>2014
18:24 Jul 22, 2021
Jkt 253001
The Environmental Protection
Agency (EPA) is making a finding that
Arizona has not submitted a required
revision to the Arizona State
Implementation Plan (SIP) for the West
Pinal County nonattainment area
addressing Clean Air Act (CAA)
requirements for a Moderate area
attainment plan, related rules, and other
analyses needed to attain the 1987 24hour particulate matter (PM10) National
Ambient Air Quality Standard (NAAQS)
by December 31, 2018. Under the CAA,
Arizona was required to submit a
moderate area PM10 attainment plan for
West Pinal County no later than January
2, 2014, and the State did so on
December 21, 2015. On May 17, 2021,
Arizona withdrew its Moderate area
attainment plan submission. This
finding establishes a deadline for EPA to
promulgate a Federal Implementation
Plan (FIP) to address these CAA
requirements 24 months from the
effective date of this finding. The CAA
also provides for the imposition of
sanctions if Arizona does not submit the
required attainment plan within
timeframes specified by the CAA.
DATES: This finding is effective on
August 23, 2021.
ADDRESSES: The EPA has established a
docket for this action identified by the
following identification number, EPA–
R09–OAR–2021–0373. Generally,
documents in the docket for this action
are available electronically at the
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. If
SUMMARY:
PO 00000
Frm 00024
Fmt 4700
Sfmt 4700
you need assistance in a language other
than English or if you are a person with
disabilities who needs a reasonable
accommodation at no cost to you, please
contact the person identified in the FOR
FURTHER INFORMATION CONTACT section.
FOR FURTHER INFORMATION CONTACT: Jerry
Wamsley, EPA Region IX, (415) 947–
4111, wamsley.jerry@epa.gov.
SUPPLEMENTARY INFORMATION: Section
553 of the Administrative Procedure Act
(APA), 5 U.S.C. 553(b)(B), provides that
an agency may issue a rule without
providing notice and an opportunity for
public comment when that agency finds
for good cause that notice and public
procedure are impracticable,
unnecessary, or contrary to the public
interest. The EPA has determined that
there is good cause for issuing this
finding without prior proposal and
opportunity for comment because there
is little or no judgment involved for the
EPA to make a finding of failure to
submit SIPs or elements of SIPs required
by the CAA, where states have not
submitted a required SIP revision by the
date specified by statute, made
incomplete submissions, or, as in this
case, withdrawn an existing submission.
In such circumstances, EPA finds that
notice and public procedures are
unnecessary and that this constitutes
good cause under 5 U.S.C. 553(b)(B).
Throughout this document, ‘‘we,’’
‘‘us,’’ and ‘‘our’’ refer to the EPA.
Table of Contents
I. Background and Statutory Requirements
A. The PM10 NAAQS and the EPA’s
Nonattainment Redesignation of West
Pinal County
B. CAA Moderate PM10 Nonattainment
Area Requirements for West Pinal
County
C. Consequences of This Finding That
Arizona Failed To Submit a PM10
Implementation Plan for West Pinal
County
II. Final Action
III. Statutory and Executive Order Reviews
I. Background and Statutory
Requirements
A. The PM10 NAAQS and the EPA’s
Nonattainment Redesignation of West
Pinal County
The EPA sets the NAAQS for certain
ambient air pollutants at levels required
to protect public health and welfare.
Particulate matter with an aerodynamic
diameter less than or equal to a nominal
ten micrometers, or PM10, is one of the
ambient air pollutants for which the
EPA has established health-based
standards. The EPA revised the NAAQS
(or ‘‘standards’’) for particulate matter
on July 1, 1987, replacing the standards
for total suspended particulates (TSP
E:\FR\FM\23JYR1.SGM
23JYR1
Federal Register / Vol. 86, No. 139 / Friday, July 23, 2021 / Rules and Regulations
khammond on DSKJM1Z7X2PROD with RULES
less than 30 microns in diameter) with
new standards applying only to
particulate matter up to 10 microns in
diameter.1 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,
averaged over a three year period, with
a 24-hour concentration exceeding the
standard (referred to as an exceedance),
is equal to or less than one.2 On January
13, 2013, the EPA announced that it was
again retaining the 24-hour PM10
NAAQS as a 24-hour standard of 150
mg/m3.3
On October 14, 2009, consistent with
Section 107(d)(3)(A) of the CAA, the
EPA notified the Governor of Arizona
and the leaders of four Tribes with areas
of Indian country either entirely or
partly within Pinal County that the
designation for Pinal County and nearby
areas contributing to monitored
violations of the PM10 NAAQS should
be revised.4 The EPA’s initiation of the
redesignation process for Pinal County
was based upon our review of 2006–
2008 ambient PM10 monitoring data
from monitoring stations within the
county showing widespread, frequent,
and, in some cases, severe violations of
the PM10 NAAQS.
On May 31, 2012, EPA redesignated
part of Pinal County from unclassifiable
to nonattainment for the 24-hour PM10
NAAQS, creating the West Pinal County
PM10 nonattainment area.5 The EPA’s
nonattainment redesignation of West
Pinal County was based on ambient
PM10 data collected from 2007 to 2009.6
Our redesignation of West Pinal County
1 53 FR 24634 (July 1, 1987). The 1987 PM
10
standards included a 24-hour (150 micrograms per
3
cubic meter (mg/m )) and an annual standard (50 mg/
m3). In 2006, the EPA revoked the annual standard;
see 71 FR 61144 (October 17, 2006) and 40 CFR
50.6.
2 An exceedance is defined as a daily value that
is above the level of the 24-hour standard, 150 mg/
m3, after rounding to the nearest 10 mg/m3 (i.e.,
values ending in five or greater are to be rounded
up). Consequently, a recorded value of 154 mg/m3
would not be an exceedance because it would be
rounded to 150 mg/m3; whereas, a recorded value
of 155 mg/m3 would be an exceedance because it
would be rounded to 160 mg/m3. See 40 CFR part
50, appendix K, section 1.0.
3 78 FR 3806 (January 13, 2013).
4 Letter from Laura Yoshii, Acting Regional
Administrator, to Governor of Arizona Jan Brewer
dated October 14, 2009. By letters dated December
30, 2009, the EPA notified the tribal leaders of the
Ak-Chin Indian Community, Gila River Indian
Community, and San Carlos Apache Tribe. The EPA
notified Tohono O’odham Nation by letter dated
September 21, 2010.
5 For the boundaries of the West Pinal County
PM10 nonattainment area, see 40 CFR 81.303. Also,
for a detailed discussion of these boundaries, see
our final rule at 77 FR 32024 (May 31, 2012) and
proposed rule at 75 FR 60680 (October 1, 2010). No
areas of Indian country are located in the West
Pinal PM10 nonattainment area.
6 75 FR 60680 (October 1, 2010).
VerDate Sep<11>2014
15:54 Jul 22, 2021
Jkt 253001
to nonattainment for the PM10 NAAQS
was effective on July 2, 2012.
Consequently, under section 188(c)(1) of
the CAA, Arizona was required to
submit an implementation plan
providing for West Pinal County’s
attainment of the PM10 NAAQS as
expeditiously as practicable, but no later
than the close of the sixth calendar year
after redesignation, or December 31,
2018. As specified in our May 31, 2012
rulemaking, the Moderate area PM10
attainment plan for West Pinal County
was due on January 2, 2014, 18 months
after the effective date of the
redesignation, as required by section
189(a)(2)(B) of the CAA.
On December 21, 2015, Arizona
submitted ‘‘The 2015 West Pinal
Moderate PM10 Nonattainment Area
SIP’’ (Moderate Area Plan) with related
rules and analyses for West Pinal
County.7 The submission included rules
regulating PM10 emissions from
construction sites, crop operations,
animal operations, irrigation districts,
and general fugitive dust. On May 1,
2017, the EPA approved the submitted
rules regulating PM10 emissions from
construction sites, crop operations,
irrigation districts, and general fugitive
dust, but did not act on the remainder
of the submission.8
On June 24, 2020, the EPA
determined that the West Pinal County
nonattainment area had not attained the
1987 24-hour PM10 NAAQS by the latest
permissible December 31, 2018
attainment date and reclassified the area
from Moderate to Serious.9 The EPA’s
finding of failure to attain the NAAQS
by the required date and concomitant
reclassification established an 18-month
deadline for Arizona to submit a Serious
area attainment plan for the West Pinal
County PM10 nonattainment area by
January 24, 2022.
On January 8, 2021, the EPA proposed
a partial approval and partial
disapproval of the Moderate Area Plan,
proposing to disapprove all elements of
the attainment plan, except the
emissions inventories.10 Subsequently,
on February 26, 2021, we proposed a
limited approval and limited
disapproval of statutory provisions and
rules that govern particulate matter
emissions from agricultural activity that
Arizona submitted with the plan.11
On May 17, 2021, ADEQ withdrew all
submitted portions of the Moderate Area
7 Letter dated December 21, 2015 from Eric C.
Massey, Director, Air Quality Division, ADEQ to
Jared Blumenfeld, Regional Administrator, EPA
Region IX.
8 82 FR 20267 (May 1, 2017).
9 85 FR 37756 (June 24, 2020).
10 86 FR 1347 (January 8, 2021).
11 86 FR 11681 (February 26, 2021).
PO 00000
Frm 00025
Fmt 4700
Sfmt 4700
38929
Plan that the EPA had not approved
previously into the SIP.12 In addition to
the required attainment plan, Arizona’s
withdrawal action included the
agricultural dust regulations that the
EPA had not already approved into the
SIP. Because Arizona has withdrawn the
submission, the State has failed to meet
its obligation to submit an attainment
plan for the Moderate area attainment
plan requirements for the West Pinal
County PM10 nonattainment area,
providing the basis for this finding.
B. CAA Moderate PM10 Nonattainment
Area Requirements for West Pinal
County
Areas redesignated as nonattainment
are subject to the applicable
requirements of part D, title I of the
CAA and are classified as Moderate by
operation of law, consistent with section
188(a) of the CAA. Within 18 months of
the effective date of the redesignation,
i.e., by January 2, 2014, Arizona was
required to submit an attainment plan to
the EPA providing for how the State
will meet the PM10 NAAQS within the
West Pinal County nonattainment area
no later than December 31, 2018.
Among other things, this Moderate area
attainment plan must contain statutorily
mandated elements and, according to
the CAA and EPA guidance, address the
following requirements: (1) An
approved permit program for
construction of new and modified major
stationary sources; 13 (2) a
demonstration that the plan provides for
attainment by no later than the
applicable Moderate area attainment
date or a demonstration that attainment
by that date is impracticable; 14 (3)
provisions for the implementation of
reasonably available control measures
(RACM) and reasonably available
control technology (RACT); 15 (4)
quantitative milestones that will be used
to evaluate compliance with the
requirement to demonstrate reasonable
further progress (RFP); 16 (5) evaluation
and regulation of PM10 precursors; 17 (6)
a description of the expected annual
incremental reductions in emissions
that will demonstrate RFP; 18 (7)
emissions inventories, as necessary; 19
(8) other control measures besides
RACM and RACT as may be needed for
12 Letter from Daniel Czecholinski, Arizona
Department of Environmental Quality, to Deborah
Jordan, EPA Region IX, dated May 17, 2021.
13 CAA section 189(a)(1)(A).
14 CAA section 189(a)(1)(B).
15 CAA section 189(a)(1)(C).
16 CAA section 189(c).
17 CAA section 189(e).
18 CAA section 172(c)(2).
19 CAA section 172(c)(3).
E:\FR\FM\23JYR1.SGM
23JYR1
38930
Federal Register / Vol. 86, No. 139 / Friday, July 23, 2021 / Rules and Regulations
attainment; 20 (9) contingency
measures; 21 and (10) a motor vehicle
emissions budget for the purpose of
determining the conformity of
transportation programs and plans
developed by state transportation
agencies.22 With Arizona’s May 17,
2021 withdrawal action, the State has
failed to meet its obligation to submit
nine of the ten required Moderate area
attainment plan elements; today’s action
does not affect ADEQ’s permit program
governing the construction and
operation of new and modified major
stationary sources of PM10 within the
West Pinal County nonattainment
area.23
By this action, the EPA is finding that
Arizona failed to submit the nine
required PM10 Moderate Area
attainment plan elements for the West
Pinal County PM10 nonattainment area
listed above. As noted, Arizona has
submitted a major source PM10
permitting program including West
Pinal County and that element is not a
subject of this finding.
khammond on DSKJM1Z7X2PROD with RULES
C. Consequences of This Finding That
Arizona Failed To Submit a PM10
Implementation Plan for West Pinal
County
The EPA is finding that Arizona has
failed to make a required Moderate area
attainment plan submission for the 1987
PM10 NAAQS for the West Pinal County
area, except for the permit program
required under section 189(a)(1)(A).
With this finding, section 179 of the
CAA starts a sanctions clock and a FIP
clock. Section 179(a) of the CAA
specifies the consequences for a state if
the EPA finds that a state has failed to
make a required SIP submission, if the
EPA has determined that a submitted
SIP is incomplete, or if the EPA has
disapproved a SIP submission. If the
EPA has not affirmatively determined
that Arizona has made complete
submissions of the required
nonattainment SIP elements within 18
months of the effective date of this
action, then the offset sanction
identified in section 179(b)(2) will apply
to West Pinal County, pursuant to
section 179(a) and (b) and 40 CFR 52.31.
If the EPA has not affirmatively
determined that Arizona has made a
complete SIP submission for West Pinal
County within six months after
imposition of this offset sanction, then
the highway funding sanction will be
20 CAA
section 172(c)(6).
section 172(c)(9).
22 40 CFR 93.102(b)(1).
23 For a discussion of our action on Arizona’s
submittal to meet CAA section 189(a)(1)(A), see 80
FR 67319 (November 2, 2015).
imposed, as required under section
179(b)(1) of the CAA and 40 CFR 52.31.
Arizona may avoid these sanctions by
taking timely action to remedy this
finding. The 18-month clock governing
the Act’s imposition of sanctions on
Arizona will stop and sanctions will not
take effect if the EPA finds that the State
has made a complete SIP submission for
the Moderate area attainment plan
requirements for the West Pinal County
area within 18 months of the date of this
finding. Similarly, the EPA is not
required to promulgate a FIP if Arizona
makes the required SIP submission and
the EPA takes final action to approve
the submission within two years of the
finding of failure to submit a required
SIP. In sum, the CAA does not require
sanctions or a FIP if the State and the
EPA take timely action to remedy this
finding.
As discussed previously, the EPA
determined that West Pinal County did
not meet the PM10 NAAQS by December
31, 2018, causing West Pinal County to
be reclassified, by operation of law,
from a Moderate to a Serious PM10
nonattainment area. With this
reclassification of West Pinal County to
Serious, Arizona is required to submit,
by January 24, 2022, a nonattainment
plan SIP revision that complies with the
statutory and regulatory requirements
for Serious PM10 nonattainment plans
and that demonstrates attainment of the
PM10 NAAQS as expeditiously as
practicable, but no later than December
31, 2022. Although reclassification of
West Pinal County from Moderate to
Serious does not eliminate Arizona’s
obligation to meet Moderate area
nonattainment plan requirements, the
EPA anticipates that Arizona’s
submission of an approvable Serious
area nonattainment plan would also
satisfy the State’s Moderate area
nonattainment plan obligations.24
Therefore, should Arizona submit a
complete Serious area attainment plan
for the West Pinal County PM10
nonattainment area, the sanction clocks
associated with this finding of failure to
submit would stop. Similarly, should
Arizona submit, and the EPA
subsequently approve, a Serious area
attainment plan for the West Pinal
County PM10 nonattainment area, such
a final approval action would stop the
FIP clock associated with this finding of
failure to submit the Moderate area
implementation plan elements.
21 CAA
VerDate Sep<11>2014
15:54 Jul 22, 2021
Jkt 253001
24 See section 189(b)(1), specifying that Serious
Area plan requirements include ‘‘the provisions
submitted to meet the requirements of paragraph
(a)(1) [of section 189] (relating to Moderate Areas).’’
PO 00000
Frm 00026
Fmt 4700
Sfmt 4700
II. Final Action
The EPA finds that Arizona has not
submitted a revision to the Arizona SIP
addressing CAA requirements for a
Moderate area attainment plan, related
rules, and other analyses, for the West
Pinal County PM10 nonattainment area.
Under provisions of the CAA, Arizona
was required to submit a Moderate area
PM10 implementation plan for West
Pinal County no later than January 2,
2014. Although Arizona submitted a
Moderate area PM10 attainment plan,
related rules, and analyses, on
December 21, 2015, the State withdrew
this submittal on May 17, 2021, giving
rise to this finding.
This finding of failure to submit the
required Moderate area PM10 attainment
plan establishes a deadline, 24 months
after the effective date of this finding,
for EPA to promulgate a FIP to address
the CAA requirements for a Moderate
area PM10 attainment plan, unless prior
to this deadline, Arizona submits and
the EPA approves the State’s Moderate
area PM10 attainment plan as meeting all
the requirements of the CAA. The CAA
also provides for the imposition of
emissions offset sanctions 18 months
from the effective date of this finding
and highway funding sanctions 24
months from the effective date of this
finding, if Arizona does not submit the
required complete Moderate area PM10
attainment plan before these deadlines.
III. Statutory and Executive Order
Reviews
Additional information about these
statutes and Executive orders can be
found at https://www.epa.gov/lawsregulations/laws-and-executive-orders.
A. Executive Order 12866: Regulatory
Planning and Review and Executive
Order 13563: Improving Regulation and
Regulatory Review
This action is not a significant
regulatory action and was therefore not
submitted to the Office of Management
and Budget (OMB) for review.
B. Paperwork Reduction Act (PRA)
This action does not impose an
information collection burden under the
PRA because this action does not
impose additional requirements beyond
those imposed by state law.
C. Regulatory Flexibility Act (RFA)
I certify that this action will not have
a significant economic impact on a
substantial number of small entities
under the RFA. This action will not
impose any requirements on small
entities beyond those imposed by state
law.
E:\FR\FM\23JYR1.SGM
23JYR1
Federal Register / Vol. 86, No. 139 / Friday, July 23, 2021 / Rules and Regulations
D. Unfunded Mandates Reform Act
(UMRA)
I. National Technology Transfer and
Advancement Act (NTTAA)
ENVIRONMENTAL PROTECTION
AGENCY
This action does not contain any
unfunded mandate as described in
UMRA, 2 U.S.C. 1531–1538, and does
not significantly or uniquely affect small
governments. This action does not
impose additional requirements beyond
those imposed by state law.
Accordingly, no additional costs to
State, local, or tribal governments, or to
the private sector, will result from this
action.
Section 12(d) of the NTTAA directs
the EPA to use voluntary consensus
standards in its regulatory activities
unless to do so would be inconsistent
with applicable law or otherwise
impractical. The EPA believes that this
action is not subject to the requirements
of section 12(d) of the NTTAA because
application of those requirements would
be inconsistent with the CAA.
40 CFR Part 52
E. 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.
F. Executive Order 13175: Coordination
With Indian Tribal Governments
This action does not have tribal
implications, as specified in Executive
Order 13175, because this action does
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, and will not
impose substantial direct costs on tribal
governments or preempt tribal law.
There are no areas of Indian country
located in the West Pinal PM10
nonattainment area. Thus, Executive
Order 13175 does not apply to this
action.
G. Executive Order 13045: Protection of
Children From Environmental Health
Risks and Safety Risks
The EPA interprets Executive Order
13045 as applying only to those
regulatory actions that concern
environmental health or safety risks that
the EPA has reason to believe may
disproportionately affect children, per
the definition of ‘‘covered regulatory
action’’ in section 2–202 of the
Executive order. This action is not
subject to Executive Order 13045
because it does not impose additional
requirements beyond those imposed by
state law.
khammond on DSKJM1Z7X2PROD with RULES
38931
J. Executive Order 12898: Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations
The EPA lacks the discretionary
authority to address environmental
justice in this action.
K. Congressional Review Act (CRA)
This action is subject to the CRA, and
the EPA will submit a rule report to
each House of the Congress and to the
Comptroller General of the United
States. This action is not a ‘‘major rule’’
as defined by 5 U.S.C. 804(2).
L. 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 September 21,
2021. Filing a petition for
reconsideration by the Administrator of
this final rule does not affect the finality
of this rule 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 in 40 CFR Part 52
Environmental protection,
Administrative practice and procedure,
Air pollution control, Incorporation by
reference, Intergovernmental relations,
Particulate matter, Reporting and
recordkeeping requirements.
Authority: 42 U.S.C. 7401 et seq.
H. Executive Order 13211: Actions That
Significantly Affect Energy Supply,
Distribution, or Use
Dated: July 8, 2021.
Elizabeth Adams,
Acting Regional Administrator, Region IX.
This action is not subject to Executive
Order 13211, because it is not a
significant regulatory action under
Executive Order 12866.
[FR Doc. 2021–15667 Filed 7–22–21; 8:45 am]
VerDate Sep<11>2014
15:54 Jul 22, 2021
Jkt 253001
BILLING CODE 6560–50–P
PO 00000
Frm 00027
Fmt 4700
Sfmt 4700
[EPA–R04–OAR–2020–0221; FRL–8761–02–
R4]
Air Plan Approval; Tennessee;
Knoxville Area Limited Maintenance
Plan for the 1997 8-Hour Ozone
NAAQS
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking final action to
approve a state implementation plan
(SIP) revision submitted by the State of
Tennessee, through the Tennessee
Department of Environment and
Conservation (TDEC), Air Pollution
Control Division, via a letter dated
January 23, 2020. The SIP revision
includes the 1997 8-hour ozone national
ambient air quality standards (NAAQS)
Limited Maintenance Plan (LMP) for the
Knoxville, Tennessee Area (hereinafter
referred to as the ‘‘Knoxville Area’’ or
‘‘Area’’). The Knoxville Area, as defined
in this action, is comprised of Jefferson,
Loudon, and Sevier Counties in their
entireties, the portion of Cocke County
that falls within the boundary of the
Great Smoky Mountains National Park,
and a portion of Anderson County that
excludes the area surrounding
Tennessee Valley Authority (TVA) Bull
Run Fossil Plant. EPA is approving the
Knoxville Area LMP because it provides
for the maintenance of the 1997 8-hour
ozone NAAQS within the Knoxville
Area through the end of the second 10year portion of the maintenance period.
The effect of this action is to make
certain commitments related to
maintenance of the 1997 8-hour ozone
NAAQS in the Knoxville Area federally
enforceable as part of the Tennessee SIP.
DATES: This rule is effective August 23,
2021.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R04–OAR–2020–0221. All
documents in the docket are listed on
the www.regulations.gov website.
Although listed in the index, some
information is not publicly available,
i.e., Confidential Business Information
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 can either be retrieved
electronically via www.regulations.gov
or in hard copy at the Air Regulatory
SUMMARY:
E:\FR\FM\23JYR1.SGM
23JYR1
Agencies
[Federal Register Volume 86, Number 139 (Friday, July 23, 2021)]
[Rules and Regulations]
[Pages 38928-38931]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-15667]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2021-0373; FRL-8715-02-R9]
Finding of Failure To Submit a State Implementation Plan To Meet
the 1987 24-Hour PM10 Standard; Moderate Area Requirements; West Pinal
County; Arizona
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is making a finding
that Arizona has not submitted a required revision to the Arizona State
Implementation Plan (SIP) for the West Pinal County nonattainment area
addressing Clean Air Act (CAA) requirements for a Moderate area
attainment plan, related rules, and other analyses needed to attain the
1987 24-hour particulate matter (PM10) National Ambient Air
Quality Standard (NAAQS) by December 31, 2018. Under the CAA, Arizona
was required to submit a moderate area PM10 attainment plan
for West Pinal County no later than January 2, 2014, and the State did
so on December 21, 2015. On May 17, 2021, Arizona withdrew its Moderate
area attainment plan submission. This finding establishes a deadline
for EPA to promulgate a Federal Implementation Plan (FIP) to address
these CAA requirements 24 months from the effective date of this
finding. The CAA also provides for the imposition of sanctions if
Arizona does not submit the required attainment plan within timeframes
specified by the CAA.
DATES: This finding is effective on August 23, 2021.
ADDRESSES: The EPA has established a docket for this action identified
by the following identification number, EPA-R09-OAR-2021-0373.
Generally, documents in the docket for this action are available
electronically at the 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. If you need assistance
in a language other than English or if you are a person with
disabilities who needs a reasonable accommodation at no cost to you,
please contact the person identified in the FOR FURTHER INFORMATION
CONTACT section.
FOR FURTHER INFORMATION CONTACT: Jerry Wamsley, EPA Region IX, (415)
947-4111, [email protected].
SUPPLEMENTARY INFORMATION: Section 553 of the Administrative Procedure
Act (APA), 5 U.S.C. 553(b)(B), provides that an agency may issue a rule
without providing notice and an opportunity for public comment when
that agency finds for good cause that notice and public procedure are
impracticable, unnecessary, or contrary to the public interest. The EPA
has determined that there is good cause for issuing this finding
without prior proposal and opportunity for comment because there is
little or no judgment involved for the EPA to make a finding of failure
to submit SIPs or elements of SIPs required by the CAA, where states
have not submitted a required SIP revision by the date specified by
statute, made incomplete submissions, or, as in this case, withdrawn an
existing submission. In such circumstances, EPA finds that notice and
public procedures are unnecessary and that this constitutes good cause
under 5 U.S.C. 553(b)(B).
Throughout this document, ``we,'' ``us,'' and ``our'' refer to the
EPA.
Table of Contents
I. Background and Statutory Requirements
A. The PM10 NAAQS and the EPA's Nonattainment Redesignation of
West Pinal County
B. CAA Moderate PM10 Nonattainment Area Requirements
for West Pinal County
C. Consequences of This Finding That Arizona Failed To Submit a
PM10 Implementation Plan for West Pinal County
II. Final Action
III. Statutory and Executive Order Reviews
I. Background and Statutory Requirements
A. The PM10 NAAQS and the EPA's Nonattainment Redesignation
of West Pinal County
The EPA sets the NAAQS for certain ambient air pollutants at levels
required to protect public health and welfare. Particulate matter with
an aerodynamic diameter less than or equal to a nominal ten
micrometers, or PM10, is one of the ambient air pollutants
for which the EPA has established health-based standards. The EPA
revised the NAAQS (or ``standards'') for particulate matter on July 1,
1987, replacing the standards for total suspended particulates (TSP
[[Page 38929]]
less than 30 microns in diameter) with new standards applying only to
particulate matter up to 10 microns in diameter.\1\ 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,
averaged over a three year period, with a 24-hour concentration
exceeding the standard (referred to as an exceedance), is equal to or
less than one.\2\ On January 13, 2013, the EPA announced that it was
again retaining the 24-hour PM10 NAAQS as a 24-hour standard
of 150 [mu]g/m\3\.\3\
---------------------------------------------------------------------------
\1\ 53 FR 24634 (July 1, 1987). The 1987 PM10
standards included a 24-hour (150 micrograms per cubic meter ([mu]g/
m\3\)) and an annual standard (50 [mu]g/m\3\). In 2006, the EPA
revoked the annual standard; see 71 FR 61144 (October 17, 2006) and
40 CFR 50.6.
\2\ An exceedance is defined as a daily value that is above the
level of the 24-hour standard, 150 [mu]g/m\3\, after rounding to the
nearest 10 [mu]g/m\3\ (i.e., values ending in five or greater are to
be rounded up). Consequently, a recorded value of 154 [mu]g/m\3\
would not be an exceedance because it would be rounded to 150 [mu]g/
m\3\; whereas, a recorded value of 155 [mu]g/m\3\ would be an
exceedance because it would be rounded to 160 [mu]g/m\3\. See 40 CFR
part 50, appendix K, section 1.0.
\3\ 78 FR 3806 (January 13, 2013).
---------------------------------------------------------------------------
On October 14, 2009, consistent with Section 107(d)(3)(A) of the
CAA, the EPA notified the Governor of Arizona and the leaders of four
Tribes with areas of Indian country either entirely or partly within
Pinal County that the designation for Pinal County and nearby areas
contributing to monitored violations of the PM10 NAAQS
should be revised.\4\ The EPA's initiation of the redesignation process
for Pinal County was based upon our review of 2006-2008 ambient
PM10 monitoring data from monitoring stations within the
county showing widespread, frequent, and, in some cases, severe
violations of the PM10 NAAQS.
---------------------------------------------------------------------------
\4\ Letter from Laura Yoshii, Acting Regional Administrator, to
Governor of Arizona Jan Brewer dated October 14, 2009. By letters
dated December 30, 2009, the EPA notified the tribal leaders of the
Ak-Chin Indian Community, Gila River Indian Community, and San
Carlos Apache Tribe. The EPA notified Tohono O'odham Nation by
letter dated September 21, 2010.
---------------------------------------------------------------------------
On May 31, 2012, EPA redesignated part of Pinal County from
unclassifiable to nonattainment for the 24-hour PM10 NAAQS,
creating the West Pinal County PM10 nonattainment area.\5\
The EPA's nonattainment redesignation of West Pinal County was based on
ambient PM10 data collected from 2007 to 2009.\6\ Our
redesignation of West Pinal County to nonattainment for the
PM10 NAAQS was effective on July 2, 2012. Consequently,
under section 188(c)(1) of the CAA, Arizona was required to submit an
implementation plan providing for West Pinal County's attainment of the
PM10 NAAQS as expeditiously as practicable, but no later
than the close of the sixth calendar year after redesignation, or
December 31, 2018. As specified in our May 31, 2012 rulemaking, the
Moderate area PM10 attainment plan for West Pinal County was
due on January 2, 2014, 18 months after the effective date of the
redesignation, as required by section 189(a)(2)(B) of the CAA.
---------------------------------------------------------------------------
\5\ For the boundaries of the West Pinal County PM10
nonattainment area, see 40 CFR 81.303. Also, for a detailed
discussion of these boundaries, see our final rule at 77 FR 32024
(May 31, 2012) and proposed rule at 75 FR 60680 (October 1, 2010).
No areas of Indian country are located in the West Pinal
PM10 nonattainment area.
\6\ 75 FR 60680 (October 1, 2010).
---------------------------------------------------------------------------
On December 21, 2015, Arizona submitted ``The 2015 West Pinal
Moderate PM10 Nonattainment Area SIP'' (Moderate Area Plan)
with related rules and analyses for West Pinal County.\7\ The
submission included rules regulating PM10 emissions from
construction sites, crop operations, animal operations, irrigation
districts, and general fugitive dust. On May 1, 2017, the EPA approved
the submitted rules regulating PM10 emissions from
construction sites, crop operations, irrigation districts, and general
fugitive dust, but did not act on the remainder of the submission.\8\
---------------------------------------------------------------------------
\7\ Letter dated December 21, 2015 from Eric C. Massey,
Director, Air Quality Division, ADEQ to Jared Blumenfeld, Regional
Administrator, EPA Region IX.
\8\ 82 FR 20267 (May 1, 2017).
---------------------------------------------------------------------------
On June 24, 2020, the EPA determined that the West Pinal County
nonattainment area had not attained the 1987 24-hour PM10
NAAQS by the latest permissible December 31, 2018 attainment date and
reclassified the area from Moderate to Serious.\9\ The EPA's finding of
failure to attain the NAAQS by the required date and concomitant
reclassification established an 18-month deadline for Arizona to submit
a Serious area attainment plan for the West Pinal County
PM10 nonattainment area by January 24, 2022.
---------------------------------------------------------------------------
\9\ 85 FR 37756 (June 24, 2020).
---------------------------------------------------------------------------
On January 8, 2021, the EPA proposed a partial approval and partial
disapproval of the Moderate Area Plan, proposing to disapprove all
elements of the attainment plan, except the emissions inventories.\10\
Subsequently, on February 26, 2021, we proposed a limited approval and
limited disapproval of statutory provisions and rules that govern
particulate matter emissions from agricultural activity that Arizona
submitted with the plan.\11\
---------------------------------------------------------------------------
\10\ 86 FR 1347 (January 8, 2021).
\11\ 86 FR 11681 (February 26, 2021).
---------------------------------------------------------------------------
On May 17, 2021, ADEQ withdrew all submitted portions of the
Moderate Area Plan that the EPA had not approved previously into the
SIP.\12\ In addition to the required attainment plan, Arizona's
withdrawal action included the agricultural dust regulations that the
EPA had not already approved into the SIP. Because Arizona has
withdrawn the submission, the State has failed to meet its obligation
to submit an attainment plan for the Moderate area attainment plan
requirements for the West Pinal County PM10 nonattainment
area, providing the basis for this finding.
---------------------------------------------------------------------------
\12\ Letter from Daniel Czecholinski, Arizona Department of
Environmental Quality, to Deborah Jordan, EPA Region IX, dated May
17, 2021.
---------------------------------------------------------------------------
B. CAA Moderate PM10 Nonattainment Area Requirements for West Pinal
County
Areas redesignated as nonattainment are subject to the applicable
requirements of part D, title I of the CAA and are classified as
Moderate by operation of law, consistent with section 188(a) of the
CAA. Within 18 months of the effective date of the redesignation, i.e.,
by January 2, 2014, Arizona was required to submit an attainment plan
to the EPA providing for how the State will meet the PM10
NAAQS within the West Pinal County nonattainment area no later than
December 31, 2018. Among other things, this Moderate area attainment
plan must contain statutorily mandated elements and, according to the
CAA and EPA guidance, address the following requirements: (1) An
approved permit program for construction of new and modified major
stationary sources; \13\ (2) a demonstration that the plan provides for
attainment by no later than the applicable Moderate area attainment
date or a demonstration that attainment by that date is impracticable;
\14\ (3) provisions for the implementation of reasonably available
control measures (RACM) and reasonably available control technology
(RACT); \15\ (4) quantitative milestones that will be used to evaluate
compliance with the requirement to demonstrate reasonable further
progress (RFP); \16\ (5) evaluation and regulation of PM10
precursors; \17\ (6) a description of the expected annual incremental
reductions in emissions that will demonstrate RFP; \18\ (7) emissions
inventories, as necessary; \19\ (8) other control measures besides RACM
and RACT as may be needed for
[[Page 38930]]
attainment; \20\ (9) contingency measures; \21\ and (10) a motor
vehicle emissions budget for the purpose of determining the conformity
of transportation programs and plans developed by state transportation
agencies.\22\ With Arizona's May 17, 2021 withdrawal action, the State
has failed to meet its obligation to submit nine of the ten required
Moderate area attainment plan elements; today's action does not affect
ADEQ's permit program governing the construction and operation of new
and modified major stationary sources of PM10 within the
West Pinal County nonattainment area.\23\
---------------------------------------------------------------------------
\13\ CAA section 189(a)(1)(A).
\14\ CAA section 189(a)(1)(B).
\15\ CAA section 189(a)(1)(C).
\16\ CAA section 189(c).
\17\ CAA section 189(e).
\18\ CAA section 172(c)(2).
\19\ CAA section 172(c)(3).
\20\ CAA section 172(c)(6).
\21\ CAA section 172(c)(9).
\22\ 40 CFR 93.102(b)(1).
\23\ For a discussion of our action on Arizona's submittal to
meet CAA section 189(a)(1)(A), see 80 FR 67319 (November 2, 2015).
---------------------------------------------------------------------------
By this action, the EPA is finding that Arizona failed to submit
the nine required PM10 Moderate Area attainment plan
elements for the West Pinal County PM10 nonattainment area
listed above. As noted, Arizona has submitted a major source
PM10 permitting program including West Pinal County and that
element is not a subject of this finding.
C. Consequences of This Finding That Arizona Failed To Submit a PM10
Implementation Plan for West Pinal County
The EPA is finding that Arizona has failed to make a required
Moderate area attainment plan submission for the 1987 PM10
NAAQS for the West Pinal County area, except for the permit program
required under section 189(a)(1)(A). With this finding, section 179 of
the CAA starts a sanctions clock and a FIP clock. Section 179(a) of the
CAA specifies the consequences for a state if the EPA finds that a
state has failed to make a required SIP submission, if the EPA has
determined that a submitted SIP is incomplete, or if the EPA has
disapproved a SIP submission. If the EPA has not affirmatively
determined that Arizona has made complete submissions of the required
nonattainment SIP elements within 18 months of the effective date of
this action, then the offset sanction identified in section 179(b)(2)
will apply to West Pinal County, pursuant to section 179(a) and (b) and
40 CFR 52.31. If the EPA has not affirmatively determined that Arizona
has made a complete SIP submission for West Pinal County within six
months after imposition of this offset sanction, then the highway
funding sanction will be imposed, as required under section 179(b)(1)
of the CAA and 40 CFR 52.31.
Arizona may avoid these sanctions by taking timely action to remedy
this finding. The 18-month clock governing the Act's imposition of
sanctions on Arizona will stop and sanctions will not take effect if
the EPA finds that the State has made a complete SIP submission for the
Moderate area attainment plan requirements for the West Pinal County
area within 18 months of the date of this finding. Similarly, the EPA
is not required to promulgate a FIP if Arizona makes the required SIP
submission and the EPA takes final action to approve the submission
within two years of the finding of failure to submit a required SIP. In
sum, the CAA does not require sanctions or a FIP if the State and the
EPA take timely action to remedy this finding.
As discussed previously, the EPA determined that West Pinal County
did not meet the PM10 NAAQS by December 31, 2018, causing
West Pinal County to be reclassified, by operation of law, from a
Moderate to a Serious PM10 nonattainment area. With this
reclassification of West Pinal County to Serious, Arizona is required
to submit, by January 24, 2022, a nonattainment plan SIP revision that
complies with the statutory and regulatory requirements for Serious
PM10 nonattainment plans and that demonstrates attainment of
the PM10 NAAQS as expeditiously as practicable, but no later
than December 31, 2022. Although reclassification of West Pinal County
from Moderate to Serious does not eliminate Arizona's obligation to
meet Moderate area nonattainment plan requirements, the EPA anticipates
that Arizona's submission of an approvable Serious area nonattainment
plan would also satisfy the State's Moderate area nonattainment plan
obligations.\24\ Therefore, should Arizona submit a complete Serious
area attainment plan for the West Pinal County PM10
nonattainment area, the sanction clocks associated with this finding of
failure to submit would stop. Similarly, should Arizona submit, and the
EPA subsequently approve, a Serious area attainment plan for the West
Pinal County PM10 nonattainment area, such a final approval
action would stop the FIP clock associated with this finding of failure
to submit the Moderate area implementation plan elements.
---------------------------------------------------------------------------
\24\ See section 189(b)(1), specifying that Serious Area plan
requirements include ``the provisions submitted to meet the
requirements of paragraph (a)(1) [of section 189] (relating to
Moderate Areas).''
---------------------------------------------------------------------------
II. Final Action
The EPA finds that Arizona has not submitted a revision to the
Arizona SIP addressing CAA requirements for a Moderate area attainment
plan, related rules, and other analyses, for the West Pinal County
PM10 nonattainment area. Under provisions of the CAA,
Arizona was required to submit a Moderate area PM10
implementation plan for West Pinal County no later than January 2,
2014. Although Arizona submitted a Moderate area PM10
attainment plan, related rules, and analyses, on December 21, 2015, the
State withdrew this submittal on May 17, 2021, giving rise to this
finding.
This finding of failure to submit the required Moderate area
PM10 attainment plan establishes a deadline, 24 months after
the effective date of this finding, for EPA to promulgate a FIP to
address the CAA requirements for a Moderate area PM10
attainment plan, unless prior to this deadline, Arizona submits and the
EPA approves the State's Moderate area PM10 attainment plan
as meeting all the requirements of the CAA. The CAA also provides for
the imposition of emissions offset sanctions 18 months from the
effective date of this finding and highway funding sanctions 24 months
from the effective date of this finding, if Arizona does not submit the
required complete Moderate area PM10 attainment plan before
these deadlines.
III. Statutory and Executive Order Reviews
Additional information about these statutes and Executive orders
can be found at https://www.epa.gov/laws-regulations/laws-and-executive-orders.
A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review
This action is not a significant regulatory action and was
therefore not submitted to the Office of Management and Budget (OMB)
for review.
B. Paperwork Reduction Act (PRA)
This action does not impose an information collection burden under
the PRA because this action does not impose additional requirements
beyond those imposed by state law.
C. Regulatory Flexibility Act (RFA)
I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA. This
action will not impose any requirements on small entities beyond those
imposed by state law.
[[Page 38931]]
D. Unfunded Mandates Reform Act (UMRA)
This action does not contain any unfunded mandate as described in
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect
small governments. This action does not impose additional requirements
beyond those imposed by state law. Accordingly, no additional costs to
State, local, or tribal governments, or to the private sector, will
result from this action.
E. 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.
F. Executive Order 13175: Coordination With Indian Tribal Governments
This action does not have tribal implications, as specified in
Executive Order 13175, because this action does 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, and will not impose
substantial direct costs on tribal governments or preempt tribal law.
There are no areas of Indian country located in the West Pinal
PM10 nonattainment area. Thus, Executive Order 13175 does
not apply to this action.
G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks
The EPA interprets Executive Order 13045 as applying only to those
regulatory actions that concern environmental health or safety risks
that the EPA has reason to believe may disproportionately affect
children, per the definition of ``covered regulatory action'' in
section 2-202 of the Executive order. This action is not subject to
Executive Order 13045 because it does not impose additional
requirements beyond those imposed by state law.
H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use
This action is not subject to Executive Order 13211, because it is
not a significant regulatory action under Executive Order 12866.
I. National Technology Transfer and Advancement Act (NTTAA)
Section 12(d) of the NTTAA directs the EPA to use voluntary
consensus standards in its regulatory activities unless to do so would
be inconsistent with applicable law or otherwise impractical. The EPA
believes that this action is not subject to the requirements of section
12(d) of the NTTAA because application of those requirements would be
inconsistent with the CAA.
J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
The EPA lacks the discretionary authority to address environmental
justice in this action.
K. Congressional Review Act (CRA)
This action is subject to the CRA, and the EPA will submit a rule
report to each House of the Congress and to the Comptroller General of
the United States. This action is not a ``major rule'' as defined by 5
U.S.C. 804(2).
L. 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 September 21, 2021. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule 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 in 40 CFR Part 52
Environmental protection, Administrative practice and procedure,
Air pollution control, Incorporation by reference, Intergovernmental
relations, Particulate matter, Reporting and recordkeeping
requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: July 8, 2021.
Elizabeth Adams,
Acting Regional Administrator, Region IX.
[FR Doc. 2021-15667 Filed 7-22-21; 8:45 am]
BILLING CODE 6560-50-P