Rescission of Clean Data Determination and Call for Attainment Plan Revision for the Yuma, AZ 1987 PM10, 57769-57770 [2021-22167]

Download as PDF 57769 Federal Register / Vol. 86, No. 199 / Tuesday, October 19, 2021 / Proposed Rules Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Remove 894.101 introductory text ............................................................... 894.101, definition of ‘‘Acquiring an eligible child’’, paragraph (4) 894.101, definition of ‘‘Acquiring an eligible child’’, paragraph (6) 894.101, definition of ‘‘Acquiring an eligible child’’, paragraph (6) 894.101, definition of ‘‘Annuitant’’ .................................................. 894.101, definition of ‘‘Annuitant’’ .................................................. 894.101, definition of ‘‘Child’’, paragraph (1)(iii) ............................ 894.101, definition of ‘‘Covered position’’ ...................................... 894.101, definition of ‘‘Dependent’’ ................................................ 894.101, definition of ‘‘Employee’’ ................................................. 894.101, definition of ‘‘Employee’’ ................................................. 894.101, definition of ‘‘Enrollment reconsideration’’ ...................... 894.101, definition of ‘‘Recognized natural child’’ ......................... 894.101, definition of ‘‘Regular parent-child relationship’’ ............. 894.301(c)(1) .................................................................................. 894.302(d) ...................................................................................... 894.302(k)(1) and (2) ..................................................................... 894.308(a) and (b) introductory text .............................................. 894.308(b)(2) .................................................................................. 894.308(b)(3) .................................................................................. 894.403(a) ...................................................................................... 894.404 .......................................................................................... 894.405(a) ...................................................................................... 894.405(c) ...................................................................................... 894.406(c) ...................................................................................... 894.510(a) introductory text ........................................................... 894.510(c)(1) .................................................................................. 894.601(b) ...................................................................................... 894.704(c) ...................................................................................... 894.901(a) and (b) ......................................................................... [FR Doc. 2021–22281 Filed 10–18–21; 8:45 am] BILLING CODE 6325–64–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R09–OAR–2021–0249; FRL–8724–03– R9] Rescission of Clean Data Determination and Call for Attainment Plan Revision for the Yuma, AZ 1987 PM10 Moderate Nonattainment Area Environmental Protection Agency (EPA). ACTION: Proposed rule; availability of supplemental information and reopening of comment period. AGENCY: jspears on DSK121TN23PROD with PROPOSALS1 VerDate Sep<11>2014 17:18 Oct 18, 2021 Jkt 256001 enrollee ............................................. enrollee ............................................. enrollee’s .......................................... enrollee ............................................. employee .......................................... employees ........................................ enrollee ............................................. employee .......................................... enrollee ............................................. employee additionally ....................... employee of the District ................... Administrator’s .................................. enrollee ............................................. enrollee ............................................. employee .......................................... employees ........................................ employee .......................................... enrollee ............................................. enrollee’s .......................................... enrollee ............................................. employee .......................................... employees ........................................ Administrator .................................... enrollee ............................................. enrollee ............................................. type of enrollment ............................ type of enrollment ............................ enrollee ............................................. employee .......................................... enrollees ........................................... therefore issue a ‘‘SIP call’’ requiring Arizona to revise the SIP to address this inadequacy. Due to an administrative oversight, the contents of the rulemaking docket were not available for the full 30-day comment period. Therefore, the EPA is re-opening the comment period for the proposed rule for an additional 30 days. Furthermore, in response to a letter received during the initial comment period, we are also specifically seeking comment regarding the appropriate attainment date for the Yuma PM10 nonattainment area. The comment period for the proposed rule published at 86 FR 29219 on June 1, 2021, is reopened. Comments must be received on or before November 18, 2021. DATES: Submit your comments, identified by Docket ID No. EPA–R09– OAR–2021–0249 at https:// www.regulations.gov. Follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from www.regulations.gov. The EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is ADDRESSES: On June 1, 2021, the Environmental Protection Agency (EPA) published in the Federal Register a proposal to rescind our previously issued clean data determination for the Yuma, Arizona ‘‘Moderate’’ nonattainment area for the 1987 24-hour national ambient air quality standard (NAAQS) for particulate matter with an aerodynamic diameter less than or equal to a nominal 10 micrometers (PM10). We also proposed to find that the Arizona State Implementation Plan (SIP) is substantially inadequate to attain or maintain the PM10 standard and to SUMMARY: PO 00000 Frm 00006 Fmt 4702 Add Sfmt 4702 enrollee. enrollee. enrollee’s. enrollee. employee. employees. enrollee. employee. enrollee. employee additionally. employee of the District. Administrator’s. enrollee. enrollee. employee. employees. employee. enrollee. enrollee’s. enrollee. employee. employees. Administrator. enrollee. enrollee. type of enrollment: type of enrollment. enrollee. employee. enrollees. considered the official comment and should include discussion of all points you wish to make. The EPA will generally not consider comments or comment contents located outside of the primary submission (i.e., on the web, cloud, or other file sharing system). For additional submission methods, please contact the person identified in the FOR FURTHER INFORMATION CONTACT section. For the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit https://www.epa.gov/dockets/ commenting-epa-dockets. 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: John J. Kelly, Air Planning Office (AIR–2), EPA Region IX, (415) 947–4151, kelly.johnj@epa.gov. SUPPLEMENTARY INFORMATION: Throughout this document, ‘‘we,’’ ‘‘us,’’ and ‘‘our,’’ refer to the EPA. On June 1, 2021, the EPA published in the Federal Register a proposal to rescind our previously issued clean data determination for the Yuma PM10 nonattainment area.1 We also proposed 1 86 E:\FR\FM\19OCP1.SGM FR 29219. 19OCP1 jspears on DSK121TN23PROD with PROPOSALS1 57770 Federal Register / Vol. 86, No. 199 / Tuesday, October 19, 2021 / Proposed Rules to find that the Arizona SIP is substantially inadequate to attain or maintain the PM10 standard and to issue a SIP call requiring Arizona to revise the SIP to address this inadequacy. We proposed to require Arizona to submit this Moderate nonattainment plan SIP submission within 18 months of finalizing the SIP call and to set a new attainment date of no later than December 31, 2025, because the original maximum attainment date for this area under Clean Air Act (CAA) section 188(c)(1) was December 31, 1994 (approximately four years from the original designation).2 We proposed a deadline for reasonably available control measures to be fully implemented in the area by January 1, 2025, but also recommended that reasonable controls be fully implemented as early as January 1, 2023. Earlier implementation of reasonable controls would allow highwind dust events during the three-year period preceding the proposed attainment date potentially to be considered ‘‘natural events’’ under the EPA’s exceptional events rule.3 The public comment period for the proposed rule started on June 1, 2021, and ended on July 1, 2021. Due to an inadvertent administrative oversight, the EPA did not post all the documents contained in the docket until June 23, 2021. The EPA is re-opening the comment period for the proposed rule for an additional 30 days, to allow for a full comment period with access to the docket. During the comment period, the EPA received comments from seven commenters including the Arizona Department of Environmental Quality (ADEQ). In its comment letter, ADEQ noted that the EPA’s authority to establish a new attainment date is contained in section 110(k)(5), which allows the EPA to adjust any dates applicable to the relevant requirements ‘‘as appropriate;’’ that such adjusted dates could include the attainment date if the original attainment date had elapsed; and that CAA section 188(c)(1) ‘‘establishes two alternative attainment deadlines for moderate PM10 nonattainment areas: four years after designation for areas designated in 1990, and six years after designation for all other areas.’’ 4 ADEQ asserted that the CAA does not require the EPA to set 2 86 FR 29221. at footnote 40 (citing 40 CFR 50.14(b)(5)(ii)). 4 Letter dated June 30, 2021 from Daniel Czecholinski, Air Quality Division Director, ADEQ, RE: Proposed Rescission of Clean Data Determination and Call for Attainment Plan Revision for the Yuma, AZ PM10 Moderate Nonattainment Area, 2. 3 Id. VerDate Sep<11>2014 17:18 Oct 18, 2021 Jkt 256001 the new maximum attainment date according to the shorter deadline and that ‘‘the six-year deadline would be more ‘appropriate’’’ for the Yuma PM10 nonattainment area.5 In particular, ADEQ asserted that the EPA’s recommended schedule for implementation of reasonable controls by January 1, 2023, ‘‘which envisions implementation nineteen months after EPA’s proposed finding is completely unrealistic.’’ 6 In response to ADEQ’s comment, we are now also seeking comment on a possible alternative attainment date for the Yuma PM10 nonattainment area. As noted by ADEQ, given that the original attainment date of December 31, 1994, has elapsed, CAA section 110(k)(5) provides the EPA with discretion to adjust this date ‘‘as appropriate.’’ 7 We initially proposed an attainment date of December 31, 2025, based on the fact that the Yuma area’s original attainment date was approximately four years from its designation as a nonattainment area in 1990. However, as also noted by ADEQ, for other Moderate PM10 nonattainment areas, CAA section 188(c)(1) sets a maximum attainment date of the end of the sixth calendar year after the area’s designation as nonattainment. Therefore, we are specifically seeking comment on whether we should set a maximum attainment date of December 31, 2027 (roughly six years from the expected SIP call effective date), rather than December 31, 2025 (roughly four years from the expected SIP call effective date), for the Yuma PM10 nonattainment area, if we finalize our proposed finding of inadequacy and SIP call. We are also again soliciting public comments on all issues discussed in our June 1, 2021 proposal. We will accept comments from the public on that proposal until the date listed in the DATES section above. We will consider all comments received during both the initial comment period and this second comment period before taking final action. List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by 5 Id. (quoting CAA section 110(k)(5)). (emphasis in original). 7 CAA section 110(k)(5) (‘‘Any finding under this paragraph shall, to the extent the Administrator deems appropriate, subject the State to the requirements of this chapter to which the State was subject when it developed and submitted the plan for which such finding was made, except that the Administrator may adjust any dates applicable under such requirements as appropriate (except that the Administrator may not adjust any attainment date prescribed under part D of this subchapter, unless such date has elapsed).’’). 6 Id. PO 00000 Frm 00007 Fmt 4702 Sfmt 4702 reference, Intergovernmental relations, Particulate matter, Pollution. Authority: 42 U.S.C. 7401 et seq. Dated: October 5, 2021. Deborah Jordan, Acting Regional Administrator, Region IX. [FR Doc. 2021–22167 Filed 10–18–21; 8:45 am] BILLING CODE 6560–50–P DEPARTMENT OF HEALTH AND HUMAN SERVICES Administration for Children and Families 45 CFR Part 305 RIN 0970–AC86 Paternity Establishment Percentage Performance Relief Office of Child Support Enforcement (OCSE), Administration for Children and Families (ACF), Department of Health and Human Services (HHS). ACTION: Notice of proposed rulemaking. AGENCY: Due to the impact of the COVID–19 public health emergency on state child support program operations, the Office of Child Support Enforcement (OCSE) proposes to modify the Paternity Establishment Percentage (PEP) from the 90 percent performance threshold to 50 percent for Federal Fiscal Years (FFY) 2020 and 2021 in order for a state to avoid a financial penalty. OCSE also proposes to provide that adverse findings of data reliability audits of a state’s paternity establishment data will not result in a financial penalty. DATES: Consideration will be given to written comments on this notice of proposed rulemaking (NPRM) received on or before November 18, 2021. ADDRESSES: You may submit comments, identified by [docket number and/or Regulatory Information Number (RIN) number], by one of the following methods: • Federal eRulemaking Portal: https:// www.regulations.gov. Follow the instructions for submitting comments. • Mail: Written comments may be submitted to: Office of Child Support Enforcement, Attention: Director of Policy and Training, 330 C Street SW, Washington, DC 20201. Instructions: All submissions received must include the agency name and docket number or RIN for this rulemaking. All comments received will be posted without change to https:// www.regulations.gov, including any personal information provided. SUMMARY: E:\FR\FM\19OCP1.SGM 19OCP1

Agencies

[Federal Register Volume 86, Number 199 (Tuesday, October 19, 2021)]
[Proposed Rules]
[Pages 57769-57770]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-22167]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2021-0249; FRL-8724-03-R9]


Rescission of Clean Data Determination and Call for Attainment 
Plan Revision for the Yuma, AZ 1987 PM10 Moderate Nonattainment Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule; availability of supplemental information and re-
opening of comment period.

-----------------------------------------------------------------------

SUMMARY: On June 1, 2021, the Environmental Protection Agency (EPA) 
published in the Federal Register a proposal to rescind our previously 
issued clean data determination for the Yuma, Arizona ``Moderate'' 
nonattainment area for the 1987 24-hour national ambient air quality 
standard (NAAQS) for particulate matter with an aerodynamic diameter 
less than or equal to a nominal 10 micrometers (PM10). We 
also proposed to find that the Arizona State Implementation Plan (SIP) 
is substantially inadequate to attain or maintain the PM10 
standard and to therefore issue a ``SIP call'' requiring Arizona to 
revise the SIP to address this inadequacy. Due to an administrative 
oversight, the contents of the rulemaking docket were not available for 
the full 30-day comment period. Therefore, the EPA is re-opening the 
comment period for the proposed rule for an additional 30 days. 
Furthermore, in response to a letter received during the initial 
comment period, we are also specifically seeking comment regarding the 
appropriate attainment date for the Yuma PM10 nonattainment 
area.

DATES: The comment period for the proposed rule published at 86 FR 
29219 on June 1, 2021, is reopened. Comments must be received on or 
before November 18, 2021.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2021-0249 at https://www.regulations.gov. Follow the online 
instructions for submitting comments. Once submitted, comments cannot 
be edited or removed from www.regulations.gov. The EPA may publish any 
comment received to its public docket. Do not submit electronically any 
information you consider to be Confidential Business Information (CBI) 
or other information whose disclosure is restricted by statute. 
Multimedia submissions (audio, video, etc.) must be accompanied by a 
written comment. The written comment is considered the official comment 
and should include discussion of all points you wish to make. The EPA 
will generally not consider comments or comment contents located 
outside of the primary submission (i.e., on the web, cloud, or other 
file sharing system). For additional submission methods, please contact 
the person identified in the FOR FURTHER INFORMATION CONTACT section. 
For the full EPA public comment policy, information about CBI or 
multimedia submissions, and general guidance on making effective 
comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets. 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: John J. Kelly, Air Planning Office 
(AIR-2), EPA Region IX, (415) 947-4151, [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,'' 
and ``our,'' refer to the EPA.
    On June 1, 2021, the EPA published in the Federal Register a 
proposal to rescind our previously issued clean data determination for 
the Yuma PM10 nonattainment area.\1\ We also proposed

[[Page 57770]]

to find that the Arizona SIP is substantially inadequate to attain or 
maintain the PM10 standard and to issue a SIP call requiring 
Arizona to revise the SIP to address this inadequacy. We proposed to 
require Arizona to submit this Moderate nonattainment plan SIP 
submission within 18 months of finalizing the SIP call and to set a new 
attainment date of no later than December 31, 2025, because the 
original maximum attainment date for this area under Clean Air Act 
(CAA) section 188(c)(1) was December 31, 1994 (approximately four years 
from the original designation).\2\ We proposed a deadline for 
reasonably available control measures to be fully implemented in the 
area by January 1, 2025, but also recommended that reasonable controls 
be fully implemented as early as January 1, 2023. Earlier 
implementation of reasonable controls would allow high-wind dust events 
during the three-year period preceding the proposed attainment date 
potentially to be considered ``natural events'' under the EPA's 
exceptional events rule.\3\
---------------------------------------------------------------------------

    \1\ 86 FR 29219.
    \2\ 86 FR 29221.
    \3\ Id. at footnote 40 (citing 40 CFR 50.14(b)(5)(ii)).
---------------------------------------------------------------------------

    The public comment period for the proposed rule started on June 1, 
2021, and ended on July 1, 2021. Due to an inadvertent administrative 
oversight, the EPA did not post all the documents contained in the 
docket until June 23, 2021. The EPA is re-opening the comment period 
for the proposed rule for an additional 30 days, to allow for a full 
comment period with access to the docket.
    During the comment period, the EPA received comments from seven 
commenters including the Arizona Department of Environmental Quality 
(ADEQ). In its comment letter, ADEQ noted that the EPA's authority to 
establish a new attainment date is contained in section 110(k)(5), 
which allows the EPA to adjust any dates applicable to the relevant 
requirements ``as appropriate;'' that such adjusted dates could include 
the attainment date if the original attainment date had elapsed; and 
that CAA section 188(c)(1) ``establishes two alternative attainment 
deadlines for moderate PM10 nonattainment areas: four years 
after designation for areas designated in 1990, and six years after 
designation for all other areas.'' \4\ ADEQ asserted that the CAA does 
not require the EPA to set the new maximum attainment date according to 
the shorter deadline and that ``the six-year deadline would be more 
`appropriate''' for the Yuma PM10 nonattainment area.\5\ In 
particular, ADEQ asserted that the EPA's recommended schedule for 
implementation of reasonable controls by January 1, 2023, ``which 
envisions implementation nineteen months after EPA's proposed finding 
is completely unrealistic.'' \6\
---------------------------------------------------------------------------

    \4\ Letter dated June 30, 2021 from Daniel Czecholinski, Air 
Quality Division Director, ADEQ, RE: Proposed Rescission of Clean 
Data Determination and Call for Attainment Plan Revision for the 
Yuma, AZ PM10 Moderate Nonattainment Area, 2.
    \5\ Id. (quoting CAA section 110(k)(5)).
    \6\ Id. (emphasis in original).
---------------------------------------------------------------------------

    In response to ADEQ's comment, we are now also seeking comment on a 
possible alternative attainment date for the Yuma PM10 
nonattainment area. As noted by ADEQ, given that the original 
attainment date of December 31, 1994, has elapsed, CAA section 
110(k)(5) provides the EPA with discretion to adjust this date ``as 
appropriate.'' \7\ We initially proposed an attainment date of December 
31, 2025, based on the fact that the Yuma area's original attainment 
date was approximately four years from its designation as a 
nonattainment area in 1990. However, as also noted by ADEQ, for other 
Moderate PM10 nonattainment areas, CAA section 188(c)(1) 
sets a maximum attainment date of the end of the sixth calendar year 
after the area's designation as nonattainment. Therefore, we are 
specifically seeking comment on whether we should set a maximum 
attainment date of December 31, 2027 (roughly six years from the 
expected SIP call effective date), rather than December 31, 2025 
(roughly four years from the expected SIP call effective date), for the 
Yuma PM10 nonattainment area, if we finalize our proposed 
finding of inadequacy and SIP call.
---------------------------------------------------------------------------

    \7\ CAA section 110(k)(5) (``Any finding under this paragraph 
shall, to the extent the Administrator deems appropriate, subject 
the State to the requirements of this chapter to which the State was 
subject when it developed and submitted the plan for which such 
finding was made, except that the Administrator may adjust any dates 
applicable under such requirements as appropriate (except that the 
Administrator may not adjust any attainment date prescribed under 
part D of this subchapter, unless such date has elapsed).'').
---------------------------------------------------------------------------

    We are also again soliciting public comments on all issues 
discussed in our June 1, 2021 proposal. We will accept comments from 
the public on that proposal until the date listed in the DATES section 
above. We will consider all comments received during both the initial 
comment period and this second comment period before taking final 
action.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Particulate matter, Pollution.

    Authority: 42 U.S.C. 7401 et seq.

    Dated: October 5, 2021.
Deborah Jordan,
Acting Regional Administrator, Region IX.
[FR Doc. 2021-22167 Filed 10-18-21; 8:45 am]
BILLING CODE 6560-50-P
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.