Maintenance Plan and Redesignation Request; Nogales PM2.5, 49997-50000 [2022-17189]
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Federal Register / Vol. 87, No. 156 / Monday, August 15, 2022 / Rules and Regulations
Dated: August 09, 2022.
J.D. Cole,
Captain, U.S. Coast Guard, Captain of the
Port Charleston.
area as all waters of Delaware River,
adjacent to Penn’s Landing,
Philadelphia, PA, within a 500-yard
radius of the fireworks barge position.
The approximate position for the
fireworks barge is latitude 39°56′50″ N,
longitude 075°08′18″ W. During the
enforcement period, as reflected in
§ 165.506(d), vessels may not enter,
remain in, or transit through the safety
zone unless authorized by the Captain
of the Port or designated Coast Guard
patrol personnel on-scene.
In addition to this notice of
enforcement in the Federal Register, the
Coast Guard will provide notification of
this enforcement period via broadcast
notice to mariners.
[FR Doc. 2022–17402 Filed 8–12–22; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2022–0668]
Safety Zones; Fireworks Displays in
the Fifth Coast Guard District
AGENCY:
Coast Guard, DHS.
ACTION: Notification of enforcement of
regulation.
Dated: August 9, 2022.
Jonathan D. Theel,
Captain, U.S. Coast Guard, Captain of the
Port Delaware Bay.
The Coast Guard will enforce
the Delaware River, Philadelphia, PA;
Safety Zone from 7:45 p.m. through 8:45
p.m. on September 18, 2022, to provide
for the safety of life on navigable
waterways during the Mexican
Independence Day fireworks display.
Our regulation for fireworks displays in
the Fifth Coast Guard District identifies
the regulated area for this event in
Philadelphia, PA. During the
enforcement period, the operator of any
vessel in the regulated area must
comply with directions from the Patrol
Commander or any Official Patrol
displaying a Coast Guard ensign.
DATES: The regulation 33 CFR 165.506
will be enforced for the location
identified in entry 10 of table 1 to
paragraph (h)(1) from 7:45 p.m. through
8:45 p.m. on September 18, 2022.
FOR FURTHER INFORMATION CONTACT: If
you have questions about this
notification of enforcement, call or
email Petty Officer Dylan Caikowski,
U.S. Coast Guard, Sector Delaware Bay,
Waterways Management Division,
telephone: (215) 271–4814, Email:
SecDelBayWWM@uscg.mil.
SUPPLEMENTARY INFORMATION: The Coast
Guard will enforce the safety zone in
table 1 to paragraph (h)(1) to 33 CFR
165.506, entry 10 for the Mexican
Independence Day fireworks display
from 7:45 p.m. through 8:45 p.m. on
September 18, 2022. This action is
necessary to ensure safety of life on the
navigable waters of the United States
immediately prior to, during, and
immediately after the fireworks display.
Our regulation for safety zones of
fireworks displays in the Fifth Coast
Guard District, table 1 to paragraph
(h)(1) to 33 CFR 165.506, entry 10
specifies the location of the regulated
[FR Doc. 2022–17461 Filed 8–12–22; 8:45 am]
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SUMMARY:
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BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 81
[EPA–R09–OAR–2021–0869; FRL–9503–02–
R9]
Maintenance Plan and Redesignation
Request; Nogales PM2.5 Planning Area;
Arizona
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking final action to
approve the ‘‘FINAL SIP Revision:
Nogales PM2.5 Maintenance Plan and
Redesignation Request (2006 Fine
Particulate NAAQS)’’ (‘‘Nogales
Maintenance Plan’’ or ‘‘Plan’’) as a
revision to the state implementation
plan (SIP) for the State of Arizona. The
Nogales Maintenance Plan includes,
among other elements, an emissions
inventory consistent with attainment, a
maintenance demonstration,
contingency provisions, and a motor
vehicle emissions budget for the tenyear maintenance period. The EPA is
also approving the State of Arizona’s
request to redesignate the Nogales
planning area (‘‘Nogales area’’) from
nonattainment to attainment for the
2006 24-hour national ambient air
quality standards (NAAQS) for
particulate matter of 2.5 micrometers or
less (PM2.5). The EPA is finalizing these
actions because this SIP revision meets
the applicable Clean Air Act (CAA or
‘‘Act’’) requirements for maintenance
SUMMARY:
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49997
plans and because the State has met the
requirements under the Act for
redesignation of a nonattainment area to
attainment with respect to the Nogales
area.
DATES: This rule is effective September
14, 2022.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–EPA–R09–OAR–2021–0869.
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:
Lindsay Wickersham, Air Planning
Office (AIR–2), EPA Region IX, 75
Hawthorne Street, San Francisco, CA
94105, 415–947–4192, or by email at
wickersham.lindsay@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ refer to the EPA.
Table of Contents
I. Summary of the EPA’s Proposed Action
II. Public Comments
III. Environmental Justice Considerations
IV. Final Action
V. Statutory and Executive Order Reviews
I. Summary of the EPA’s Proposed
Action
On March 2, 2022, under CAA section
110(k)(3), the EPA proposed to approve
the Nogales Maintenance Plan
submitted by the Arizona Department of
Environmental Quality (ADEQ) on April
13, 2021, as a revision to the Arizona
SIP.1 In so doing, we proposed to find
that the Nogales Maintenance Plan
adequately demonstrates that the area
will maintain the 2006 PM2.5 NAAQS
for 10 years beyond redesignation and
includes sufficient contingency
provisions to promptly correct any
violation of the PM2.5 NAAQS that
occurs after redesignation, and thereby
1 87 FR 11664. See also letter dated April 7, 2021,
from Daniel Czecholinski, Director, Air Quality
Division, Arizona Department of Environmental
Quality, to Deborah Jordan, Acting Regional
Administrator, EPA Region IX. Subsequently,
Arizona made an electronic submittal of the
Nogales Maintenance Plan on April 13, 2021, via
the EPA’s State Plan Electronic Collection System.
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Federal Register / Vol. 87, No. 156 / Monday, August 15, 2022 / Rules and Regulations
meets the requirements for maintenance
plans under CAA section 175A. We also
proposed to find the Nogales area motor
vehicle emissions budgets (‘‘budgets’’)
for PM2.5 and nitrogen oxides (NOX) for
2032 adequate and approve the budgets
for transportation conformity purposes.
The motor vehicle emissions budgets
that the EPA proposed to find adequate
and approve are winter daily budgets of
637.0 tons per day (tpd) PM2.5 and 513.0
tpd NOX and annual budgets of 116.2
tons per year (tpy) PM2.5 and 93.7 tpy
NOX.2
In our proposed rule, under CAA
section 107(d)(3)(D), we also proposed
to grant ADEQ’s request to redesignate
the Nogales area from ‘‘nonattainment’’
to ‘‘attainment’’ for the 2006 PM2.5
NAAQS. We proposed to do so based on
our conclusion that the Nogales area has
attained the 2006 PM2.5 NAAQS based
on the following: the most recent threeyear period (2018–2020) of qualityassured, certified, and complete PM2.5
data; 3 the relevant portions of the
Arizona SIP are, or will be as part of this
action, fully approved; the improvement
in air quality is due to permanent and
enforceable emissions reductions;
Arizona has met all requirements
applicable to the Nogales area with
respect to section 110 and part D of the
CAA if we finalize our approval of the
attainment inventory in the Nogales
Maintenance Plan; based on our
proposed approval as described above,
the Nogales Maintenance Plan meets the
requirements for maintenance plans
under section 175A of the CAA and
therefore, Arizona has met the criteria
for redesignation under CAA section
107(d)(3)(E) for the Nogales PM2.5 area.
Please see our proposed rule for a
detailed discussion of the background
for this action, our procedural and
substantive review of the Nogales
Maintenance Plan and associated
budgets, and the rationale for our
proposed approval of the Nogales
Maintenance Plan and for granting
ADEQ’s request for redesignation of the
Nogales area to attainment.
III. Environmental Justice
Considerations
As discussed in the proposed rule, to
identify environmental burdens and
susceptible populations in underserved
communities in the Nogales area, we
performed a screening-level analysis
using the EPA’s environmental justice
(EJ) screening and mapping tool
(‘‘EJSCREEN’’). Our screening-level
analysis included multiple
environmental and demographic
indicators, including the EJSCREEN
‘‘Demographic Index,’’ which is the
average of an area’s percentage of
minority and low-income populations.
The Demographic Index for the Nogales
area is at the 95th percentile, compared
to the United States as a whole.4
When the EPA establishes a new or
revised NAAQS, the CAA requires the
EPA to designate all areas of the U.S. as
either nonattainment, attainment, or
unclassifiable. If an area is designated
nonattainment of the NAAQS, the CAA
provides for the EPA to redesignate the
area to attainment upon a demonstration
by the state authority that the criteria for
a redesignation are met, including a
showing that the area is currently
attaining the NAAQS and will maintain
the NAAQS for 10 years beyond
redesignation in order to ensure that all
those residing, working, attending
school, or otherwise present in those
areas are protected. This action
addresses a plan for continued
attainment of the 2006 PM2.5 NAAQS for
the Nogales area. Approval of this plan
does not impose any additional
regulatory requirements on sources
beyond those imposed by state law. As
discussed in this document, Arizona has
demonstrated that the Nogales area is
attaining the 2006 PM2.5 NAAQS and
the Nogales Maintenance Plan provides
for the maintenance of the NAAQS for
10 years beyond redesignation. For
these reasons, this action will not result
in disproportionately adverse human
health or environmental effects on
communities with environmental justice
concerns.
II. Public Comments
Our March 2, 2022 proposed rule
provided a 30-day public comment
period that closed on April 1, 2022.
During this comment period we
received no comments on our proposal.
IV. Final Action
Under CAA section 110(k)(3), and for
the reasons set forth in our March 2,
2022 proposed rule, the EPA is taking
final action to approve the Nogales
Maintenance Plan as a revision to the
Arizona SIP. The EPA finds that the
maintenance demonstration showing
the area will continue to attain the 2006
PM2.5 NAAQS for 10 years beyond
redesignation, and the contingency
provisions describing the actions that
2 Consultation
with the Arizona Department of
Transportation and ADEQ indicate that the State
prefers EPA action on only the annual budgets.
3 The Nogales 24-hour design value for 2021
remained in attainment at 29 micrograms per cubic
meter; EPA, 2021 AQS Design Value Report
(AMP480) dated June 7, 2022; also available at EPA,
PM2.5 Design Values, 2021, https://www.epa.gov/
air-trends/air-quality-design-values.
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4 Nogales 2006 PM fine Nonattainment Area
EJSCREEN Results, dated January 18, 2022.
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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 finding
the 2032 annual motor vehicle emission
budgets of 116.2 tpy PM2.5 and 93.7 tpy
NOX adequate and approving these
budgets for transportation conformity
purposes because we find they meet all
applicable criteria for such budgets
including the adequacy criteria under
40 CFR 93.118(e).5
Under CAA section 107(d)(3)(D), we
are also taking final action to grant
ADEQ’s request, which accompanied
the submittal of the Nogales
Maintenance Plan, to redesignate the
Nogales area to attainment for the 24hour PM2.5 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 of the following: the area
has attained the 24-hour PM2.5 NAAQS;
relevant portions of the Arizona SIP are,
or will be as part of this action, fully
approved; the improvement in air
quality is due to permanent and
enforceable reductions in emissions;
Arizona has met all requirements
applicable to the Nogales area with
respect to section 110 and part D of the
CAA upon final approval of the
attainment inventory in the Nogales
Maintenance Plan; and our approval (as
part of this action) of the Nogales
Maintenance Plan.
V. Statutory and Executive Order
Reviews
Under the CAA, 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, this action
merely approves State law as meeting
federal requirements and does not
impose additional requirements beyond
those imposed by State law. For that
reason, this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
5 The EPA also proposed to find adequate and
approve winter daily budgets of 637.0 tpd PM2.5 and
513.0 tpd NOX. Following consultation with the
Arizona Department of Transportation and ADEQ,
we are just finalizing approval of the annual
budgets, consistent with the form of the approved
budgets for particulate matter with an aerodynamic
diameter of less than or equal to a nominal ten
micrometers (PM10) in the Nogales area. See 77 FR
58962, 58964, Table 1.
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Federal Register / Vol. 87, No. 156 / Monday, August 15, 2022 / Rules and Regulations
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• Will not have disproportionately
high and adverse human health or
environmental effects on minority
populations, low-income populations
and/or indigenous peoples, as specified
in Executive Order 12898 (59 FR 7629,
February 16, 1994), as discussed in
Section IV of this proposal.
In addition, there are no areas of
Indian country within the Nogales area,
and the state plan for which the EPA is
finalizing approval does not 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, this final action 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, impact 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 14, 2022. 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, Ammonia,
Incorporation by reference,
Intergovernmental relations, Nitrogen
dioxide, Particulate matter, Reporting
and recordkeeping requirements, Sulfur
oxides, Volatile organic compounds.
40 CFR Part 81
Environmental protection, Air
pollution control, National parks,
Wilderness areas.
Dated: August 4, 2022.
Martha Guzman Aceves,
Regional Administrator, Region IX.
Part 52, chapter I, title 40 of the Code
of Federal Regulations is amended 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, in paragraph (e), table
1 is amended, under the table heading
‘‘Part D Elements and Plans (Other than
for the Metropolitan Phoenix or Tucson
Areas),’’ by adding an entry for ‘‘FINAL
SIP Revision: Nogales PM2.5
Redesignation Request and Maintenance
Plan (April 13, 2021)’’ after the entry for
‘‘Arizona State Implementation Plan
Revision for the Nogales PM2.5
Nonattainment Area (September 2013),
including appendices A and B’’ 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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*
*
Part D
*
15:57 Aug 12, 2022
*
EPA approval date
Explanation
*
*
*
Elements and Plans (Other than for the Metropolitan Phoenix or Tucson Areas)
*
*
FINAL SIP Revision: Nogales PM2.5
Maintenance Plan and Redesignation
Request (2006 Fine Particulate
NAAQS).
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State
submittal
date
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*
Nogales PM2.5. Air
Quality Planning
Area.
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*
April 13, 2021
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*
August 15, 2022,
[Insert Federal
Register citation].
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*
*
Adopted by the Arizona Department of
Environmental Quality and submitted
to the EPA as an attachment to letter
dated April 7, 2021.
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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.
*
Nogales: Santa Cruz County (part) for
‘‘Nogales planning area’’ to read as
follows:
Subpart C—Section 107 Attainment
Status Designations
PART 81—DESIGNATION OF AREAS
FOR AIR QUALITY PLANNING
PURPOSES
§ 81.303
4. Section 81.303 is amended by
revising the table ‘‘Arizona—2006 24Hour PM2.5 NAAQS,’’ the entry under
■
3. The authority citation for part 81
continues to read as follows:
■
*
*
Arizona.
*
*
*
ARIZONA—2006 24-HOUR PM2.5 NAAQS
[Primary and Secondary]
Designation a
Classification
Designated area
Date 1
Nogales:
Santa Cruz County (part) Nogales Planning area
bound as follows: The portions of the following
Townships which are within the State of Arizona
and lie east of 111 longitude: T23S, R13E,
T23S, R14E; T24S, R14E, T24S, R14E.
*
*
September 14, 2022 ......
*
Date 2
Type
Type
Attainment.
*
*
*
*
a Includes
1 This
2 This
*
Indian Country located in each county or area, except as otherwise specified.
date is 30 days after November 13, 2009, unless otherwise noted.
date is July 2, 2014, unless otherwise noted
*
*
*
*
[FR Doc. 2022–17189 Filed 8–12–22; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Administration for Community Living
45 CFR Part 1330
RIN 0985–AA16
National Institute on Disability,
Independent Living, and Rehabilitation
Research
Administration for Community
Living, Department of Health and
Human Services.
ACTION: Final rule.
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AGENCY:
The Administration for
Community Living (ACL) within the
Department of Health and Human
Services (HHS or the Department) is
amending its regulations for the
National Institute on Disability,
SUMMARY:
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Independent Living and Rehabilitation
Research (NIDILRR). These minor
amendments to NIDILRR’s peer review
criteria allow NIDILRR to better evaluate
the extent to which our grant applicants
conduct outreach to people with
disabilities and people from other
groups that traditionally have been
underserved and underrepresented, as
described in Executive Order 13985,
and emphasize the need for research
and development activities that apply
appropriate engineering knowledge and
techniques within NIDILRR’s
Rehabilitation Engineering Research
Centers (RERC) program.
DATES: These final regulations are
effective September 14, 2022.
FOR FURTHER INFORMATION CONTACT:
Phillip Beatty, Director, NIDILRR Office
of Research Sciences, Administration
for Community Living, Department of
Health and Human Services, 330 C
Street SW, Washington, DC 20201.
Email: phillip.beatty@acl.hhs.gov,
Telephone: (202) 795–7305.
SUPPLEMENTARY INFORMATION:
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I. Statutory Authority
ACL publishes this final rule under
the authority granted to the Director of
the National Institute on Disability,
Independent Living, and Rehabilitation
Research (the Director), under 29 U.S.C.
762(f) to provide for scientific peer
review of all applications for financial
assistance for research, training, and
demonstrations projects over which the
Director has authority; and under 29
U.S.C. 764(b)(3) to establish and support
Rehabilitation Engineering Research
Centers (RERCs).
II. Background
The HHS regulation for NIDILRR
programs was developed and finalized
in 2016 following the transfer of
NIDILRR to ACL and HHS from the
Department of Education, as required by
the Workforce Innovation and
Opportunity Act (WIOA) of 2014.
NIDILRR’s mission is to generate new
knowledge and to promote its effective
use to improve the abilities of
individuals with disabilities to perform
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[Federal Register Volume 87, Number 156 (Monday, August 15, 2022)]
[Rules and Regulations]
[Pages 49997-50000]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-17189]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[EPA-R09-OAR-2021-0869; FRL-9503-02-R9]
Maintenance Plan and Redesignation Request; Nogales PM2.5
Planning Area; Arizona
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve the ``FINAL SIP Revision: Nogales PM2.5
Maintenance Plan and Redesignation Request (2006 Fine Particulate
NAAQS)'' (``Nogales Maintenance Plan'' or ``Plan'') as a revision to
the state implementation plan (SIP) for the State of Arizona. The
Nogales Maintenance Plan includes, among other elements, an emissions
inventory consistent with attainment, a maintenance demonstration,
contingency provisions, and a motor vehicle emissions budget for the
ten-year maintenance period. The EPA is also approving the State of
Arizona's request to redesignate the Nogales planning area (``Nogales
area'') from nonattainment to attainment for the 2006 24-hour national
ambient air quality standards (NAAQS) for particulate matter of 2.5
micrometers or less (PM2.5). The EPA is finalizing these
actions because this SIP revision meets the applicable Clean Air Act
(CAA or ``Act'') requirements 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 Nogales area.
DATES: This rule is effective September 14, 2022.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-EPA-R09-OAR-2021-0869. 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: Lindsay Wickersham, Air Planning
Office (AIR-2), EPA Region IX, 75 Hawthorne Street, San Francisco, CA
94105, 415-947-4192, 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 the EPA's Proposed Action
II. Public Comments
III. Environmental Justice Considerations
IV. Final Action
V. Statutory and Executive Order Reviews
I. Summary of the EPA's Proposed Action
On March 2, 2022, under CAA section 110(k)(3), the EPA proposed to
approve the Nogales Maintenance Plan submitted by the Arizona
Department of Environmental Quality (ADEQ) on April 13, 2021, as a
revision to the Arizona SIP.\1\ In so doing, we proposed to find that
the Nogales Maintenance Plan adequately demonstrates that the area will
maintain the 2006 PM2.5 NAAQS for 10 years beyond
redesignation and includes sufficient contingency provisions to
promptly correct any violation of the PM2.5 NAAQS that
occurs after redesignation, and thereby
[[Page 49998]]
meets the requirements for maintenance plans under CAA section 175A. We
also proposed to find the Nogales area motor vehicle emissions budgets
(``budgets'') for PM2.5 and nitrogen oxides (NOX)
for 2032 adequate and approve the budgets for transportation conformity
purposes. The motor vehicle emissions budgets that the EPA proposed to
find adequate and approve are winter daily budgets of 637.0 tons per
day (tpd) PM2.5 and 513.0 tpd NOX and annual
budgets of 116.2 tons per year (tpy) PM2.5 and 93.7 tpy
NOX.\2\
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\1\ 87 FR 11664. See also letter dated April 7, 2021, from
Daniel Czecholinski, Director, Air Quality Division, Arizona
Department of Environmental Quality, to Deborah Jordan, Acting
Regional Administrator, EPA Region IX. Subsequently, Arizona made an
electronic submittal of the Nogales Maintenance Plan on April 13,
2021, via the EPA's State Plan Electronic Collection System.
\2\ Consultation with the Arizona Department of Transportation
and ADEQ indicate that the State prefers EPA action on only the
annual budgets.
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In our proposed rule, under CAA section 107(d)(3)(D), we also
proposed to grant ADEQ's request to redesignate the Nogales area from
``nonattainment'' to ``attainment'' for the 2006 PM2.5
NAAQS. We proposed to do so based on our conclusion that the Nogales
area has attained the 2006 PM2.5 NAAQS based on the
following: the most recent three-year period (2018-2020) of quality-
assured, certified, and complete PM2.5 data; \3\ the
relevant portions of the Arizona SIP are, or will be as part of this
action, fully approved; the improvement in air quality is due to
permanent and enforceable emissions reductions; Arizona has met all
requirements applicable to the Nogales area with respect to section 110
and part D of the CAA if we finalize our approval of the attainment
inventory in the Nogales Maintenance Plan; based on our proposed
approval as described above, the Nogales Maintenance Plan meets the
requirements for maintenance plans under section 175A of the CAA and
therefore, Arizona has met the criteria for redesignation under CAA
section 107(d)(3)(E) for the Nogales PM2.5 area.
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\3\ The Nogales 24-hour design value for 2021 remained in
attainment at 29 micrograms per cubic meter; EPA, 2021 AQS Design
Value Report (AMP480) dated June 7, 2022; also available at EPA,
PM2.5 Design Values, 2021, https://www.epa.gov/air-trends/air-quality-design-values.
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Please see our proposed rule for a detailed discussion of the
background for this action, our procedural and substantive review of
the Nogales Maintenance Plan and associated budgets, and the rationale
for our proposed approval of the Nogales Maintenance Plan and for
granting ADEQ's request for redesignation of the Nogales area to
attainment.
II. Public Comments
Our March 2, 2022 proposed rule provided a 30-day public comment
period that closed on April 1, 2022. During this comment period we
received no comments on our proposal.
III. Environmental Justice Considerations
As discussed in the proposed rule, to identify environmental
burdens and susceptible populations in underserved communities in the
Nogales area, we performed a screening-level analysis using the EPA's
environmental justice (EJ) screening and mapping tool (``EJSCREEN'').
Our screening-level analysis included multiple environmental and
demographic indicators, including the EJSCREEN ``Demographic Index,''
which is the average of an area's percentage of minority and low-income
populations. The Demographic Index for the Nogales area is at the 95th
percentile, compared to the United States as a whole.\4\
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\4\ Nogales 2006 PM fine Nonattainment Area EJSCREEN Results,
dated January 18, 2022.
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When the EPA establishes a new or revised NAAQS, the CAA requires
the EPA to designate all areas of the U.S. as either nonattainment,
attainment, or unclassifiable. If an area is designated nonattainment
of the NAAQS, the CAA provides for the EPA to redesignate the area to
attainment upon a demonstration by the state authority that the
criteria for a redesignation are met, including a showing that the area
is currently attaining the NAAQS and will maintain the NAAQS for 10
years beyond redesignation in order to ensure that all those residing,
working, attending school, or otherwise present in those areas are
protected. This action addresses a plan for continued attainment of the
2006 PM2.5 NAAQS for the Nogales area. Approval of this plan
does not impose any additional regulatory requirements on sources
beyond those imposed by state law. As discussed in this document,
Arizona has demonstrated that the Nogales area is attaining the 2006
PM2.5 NAAQS and the Nogales Maintenance Plan provides for
the maintenance of the NAAQS for 10 years beyond redesignation. For
these reasons, this action will not result in disproportionately
adverse human health or environmental effects on communities with
environmental justice concerns.
IV. Final Action
Under CAA section 110(k)(3), and for the reasons set forth in our
March 2, 2022 proposed rule, the EPA is taking final action to approve
the Nogales Maintenance Plan as a revision to the Arizona SIP. The EPA
finds that the maintenance demonstration showing the area will continue
to attain the 2006 PM2.5 NAAQS for 10 years beyond
redesignation, and the contingency provisions describing the actions
that 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 finding the
2032 annual motor vehicle emission budgets of 116.2 tpy
PM2.5 and 93.7 tpy NOX adequate and approving
these budgets for transportation conformity purposes because we find
they meet all applicable criteria for such budgets including the
adequacy criteria under 40 CFR 93.118(e).\5\
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\5\ The EPA also proposed to find adequate and approve winter
daily budgets of 637.0 tpd PM2.5 and 513.0 tpd
NOX. Following consultation with the Arizona Department
of Transportation and ADEQ, we are just finalizing approval of the
annual budgets, consistent with the form of the approved budgets for
particulate matter with an aerodynamic diameter of less than or
equal to a nominal ten micrometers (PM10) in the Nogales
area. See 77 FR 58962, 58964, Table 1.
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Under CAA section 107(d)(3)(D), we are also taking final action to
grant ADEQ's request, which accompanied the submittal of the Nogales
Maintenance Plan, to redesignate the Nogales area to attainment for the
24-hour PM2.5 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 of the following: the area has attained the 24-hour
PM2.5 NAAQS; relevant portions of the Arizona SIP are, or
will be as part of this action, fully approved; the improvement in air
quality is due to permanent and enforceable reductions in emissions;
Arizona has met all requirements applicable to the Nogales area with
respect to section 110 and part D of the CAA upon final approval of the
attainment inventory in the Nogales Maintenance Plan; and our approval
(as part of this action) of the Nogales Maintenance Plan.
V. Statutory and Executive Order Reviews
Under the CAA, 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, this
action merely approves State law as meeting federal requirements and
does not impose additional requirements beyond those imposed by State
law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under
[[Page 49999]]
Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR
3821, January 21, 2011);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Will not have disproportionately high and adverse human
health or environmental effects on minority populations, low-income
populations and/or indigenous peoples, as specified in Executive Order
12898 (59 FR 7629, February 16, 1994), as discussed in Section IV of
this proposal.
In addition, there are no areas of Indian country within the
Nogales area, and the state plan for which the EPA is finalizing
approval does not 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, this final action 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,
impact 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 14, 2022. 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, Ammonia,
Incorporation by reference, Intergovernmental relations, Nitrogen
dioxide, Particulate matter, Reporting and recordkeeping requirements,
Sulfur oxides, Volatile organic compounds.
40 CFR Part 81
Environmental protection, Air pollution control, National parks,
Wilderness areas.
Dated: August 4, 2022.
Martha Guzman Aceves,
Regional Administrator, Region IX.
Part 52, chapter I, title 40 of the Code of Federal Regulations is
amended 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, in paragraph (e), table 1 is amended, under the
table heading ``Part D Elements and Plans (Other than for the
Metropolitan Phoenix or Tucson Areas),'' by adding an entry for ``FINAL
SIP Revision: Nogales PM2.5 Redesignation Request and
Maintenance Plan (April 13, 2021)'' after the entry for ``Arizona State
Implementation Plan Revision for the Nogales PM2.5
Nonattainment Area (September 2013), including appendices A and B'' 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 State
Name of SIP provision nonattainment area submittal date EPA approval date Explanation
or title/subject
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Part D Elements and Plans (Other than for the Metropolitan Phoenix or Tucson Areas)
----------------------------------------------------------------------------------------------------------------
* * * * * * *
FINAL SIP Revision: Nogales PM2.5 Nogales PM2.5. Air April 13, 2021 August 15, 2022, Adopted by the
Maintenance Plan and Quality Planning [Insert Federal Arizona Department
Redesignation Request (2006 Fine Area. Register citation]. of Environmental
Particulate NAAQS). Quality and
submitted to the
EPA as an
attachment to
letter dated April
7, 2021.
[[Page 50000]]
* * * * * * *
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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 revising the table ``Arizona--2006 24-
Hour PM2.5 NAAQS,'' the entry under Nogales: Santa Cruz
County (part) for ``Nogales planning area'' to read as follows:
Sec. 81.303 Arizona.
* * * * *
Arizona--2006 24-Hour PM2.5 NAAQS
[Primary and Secondary]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Designation \a\ Classification
Designated area -----------------------------------------------------------------------------------------------------------------------
Date \1\ Type Date \2\ Type
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Nogales:
Santa Cruz County (part) September 14, 2022................ Attainment.
Nogales Planning area bound
as follows: The portions of
the following Townships
which are within the State
of Arizona and lie east of
111 longitude: T23S, R13E,
T23S, R14E; T24S, R14E,
T24S, R14E.
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
\a\ Includes Indian Country located in each county or area, except as otherwise specified.
\1\ This date is 30 days after November 13, 2009, unless otherwise noted.
\2\ This date is July 2, 2014, unless otherwise noted
* * * * *
[FR Doc. 2022-17189 Filed 8-12-22; 8:45 am]
BILLING CODE 6560-50-P
