Air Plan Approval; Arizona; Yuma 2015 8-Hour Ozone Nonattainment Area; Redesignation Request and Maintenance Plan, 87828-87838 [2024-25575]
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Federal Register / Vol. 89, No. 214 / Tuesday, November 5, 2024 / Proposed Rules
longer considered a mandatory
submission; EPA is therefore proposing
to find that the EPA’s October 23, 2023
(88 FR 72688), disapproval action
should not trigger imposition of
mandatory sanctions under CAA section
179 and 40 CFR 52.31 or a FIP
obligation under CAA 110(c)(1)(B). The
EPA notes that it is not proposing to
correct the merits of the October 23,
2023 disapproval nor is it withdrawing
that disapproval action—the EPA does
not believe that the substantive basis for
the disapproval as explained in that
final action was erroneous; rather, the
EPA is proposing to find that because
the SIP submittal itself is no longer
mandatory following the D.C. Circuit’s
partial vacatur, the triggering of
sanctions under section 179 and 40 CFR
52.31, and the triggering of the EPA’s
FIP obligation under 110(c)(1)(B), was in
error. Therefore, if the EPA finalizes this
error correction action as proposed, the
imposition of sanctions for the State of
Delaware and the FIP obligation for the
EPA that were triggered as result of the
October 23, 2023 (88 FR 72688), final
disapproval action would no longer be
in effect.
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IV. What action is the EPA taking?
As a result of the D.C. Circuit’s
decision in Environ. Comm. Fl. Elec.
Power v. EPA, the EPA is proposing to
determine that, pursuant to section
110(k)(6) of the CAA, a portion of the
EPA’s October 23, 2023 (88 FR 72688),
final disapproval action of Delaware’s
SIP revision was in error with respect to
the consequences of that disapproval.
By partially vacating the EPA’s 2015
SSM SIP Action, the D.C. Circuit’s
decision rendered Delaware’s SIP
submission in response to the 2015 SSM
SIP action voluntary rather than
mandatory. Thus, the EPA is proposing
to find that the triggering of mandatory
sanctions and FIP obligation following
the October 23, 2023 (88 FR 72688),
final disapproval was erroneous and,
through this action, is proposing to
terminate the imposition of sanctions
for the State and the FIP obligation for
the EPA triggered by that disapproval as
they are no longer legally valid.
V. Statutory and Executive Order
Reviews
Additional information about these
statutes and Executive Orders (E.O.) can
be found at www.epa.gov/lawsregulations/laws-and-executive-orders.
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
CAA and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
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EPA’s role is to approve State choices,
provided that they meet the criteria of
the CAA. This action merely corrects an
error in EPA’s prior action 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
Executive Orders 12866 (58 FR 51735,
October 4, 1993), and 14094 (88 FR
21879, April 11, 2023);
• 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 subject to Executive Order
13045 (62 FR 19885, April 23, 1997)
because it is an error correction taken
under section 110(k)(6) of the CAA and
does not directly or disproportionately
affect children.
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001); and
• 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.
• In addition, the SIP is not approved
to apply on any Indian reservation land
or in any other area where EPA or an
Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the 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).
Executive Order 12898: Federal Actions
To Address Environmental Justice in
Minority Populations and Low-Income
Populations
Executive Order 12898 (Federal
Actions to Address Environmental
Justice in Minority Populations and
Low-Income Populations, 59 FR 7629,
February 16, 1994) directs Federal
agencies to identify and address
‘‘disproportionately high and adverse
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human health or environmental effects’’
of their actions on minority populations
and low-income populations to the
greatest extent practicable and
permitted by law. EPA defines
environmental justice (EJ) as ‘‘the fair
treatment and meaningful involvement
of all people regardless of race, color,
national origin, or income with respect
to the development, implementation,
and enforcement of environmental laws,
regulations, and policies.’’ EPA further
defines the term fair treatment to mean
that ‘‘no group of people should bear a
disproportionate burden of
environmental harms and risks,
including those resulting from the
negative environmental consequences of
industrial, governmental, and
commercial operations or programs and
policies.’’
The air agency did not evaluate
environmental justice considerations as
part of its SIP submittal; the CAA and
applicable implementing regulations
neither prohibit nor require such an
evaluation. EPA did not perform an EJ
analysis and did not consider EJ in this
action as the EPA views this action as
a necessary procedural step following
the D.C. Circuit decision and vacatur of
portions of the 2015 SIP call.
Consideration of EJ is not required as
part of this action, and there is no
information in the record inconsistent
with the stated goal of E.O. 12898 of
achieving environmental justice for
people of color, low-income
populations, and Indigenous peoples.
List of Subjects in 40 CFR Part 52
Environmental protection,
Administrative practice and procedures,
Air pollution control, Approval and
promulgation of implementation plans,
Incorporation by reference,
Intergovernmental relations, and
Reporting and recordkeeping
requirements.
Adam Ortiz,
Regional Administrator, EPA Region III.
[FR Doc. 2024–25457 Filed 11–4–24; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 81
[EPA–R09–OAR–2024–0339; FRL–12125–
01–R9]
Air Plan Approval; Arizona; Yuma 2015
8-Hour Ozone Nonattainment Area;
Redesignation Request and
Maintenance Plan
Environmental Protection
Agency (EPA).
AGENCY:
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Federal Register / Vol. 89, No. 214 / Tuesday, November 5, 2024 / Proposed Rules
ACTION:
Proposed rule.
The Environmental Protection
Agency (EPA) is proposing to approve
the State of Arizona’s request to
redesignate the Yuma nonattainment
area from nonattainment to attainment
for the 8-hour national ambient air
quality standards (NAAQS or
‘‘standard’’) for ozone promulgated in
2015 (‘‘2015 ozone NAAQS’’). The EPA
is also proposing to approve the ‘‘SIP
Revision: 2015 Ozone NAAQS, Yuma
Redesignation Request and Maintenance
Plan’’ (‘‘Yuma Maintenance Plan’’ or
‘‘Plan’’) as a revision to the State
Implementation Plan (SIP) for the State
of Arizona. The Yuma 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 first ten-year maintenance
period. With this proposed rulemaking,
the EPA is beginning the adequacy
process for the 2020, 2030, and 2037
motor vehicle emissions budgets. The
EPA is proposing these actions because
this SIP revision meets the applicable
Clean Air Act (CAA or ‘‘the 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 Yuma
2015 ozone NAAQS nonattainment area
(‘‘Yuma area’’).
DATES: Written comments must arrive
on or before December 5, 2024.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R09–
OAR–2024–0339 at https://
www.regulations.gov. For comments
submitted at Regulations.gov, follow the
online instructions for submitting
comments. Once submitted, comments
cannot be edited or removed from
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.
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SUMMARY:
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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 a
disability 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:
Andrew Ledezma, Planning and
Analysis Branch (AIR–2), Air and
Radiation Division, EPA Region IX, 75
Hawthorne Street, San Francisco, CA
94105, (415) 972–3985, or by email at
Ledezma.Andrew@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ refer to the EPA.
Table of Contents
I. Background
A. The 2015 Ozone National Ambient Air
Quality Standards
B. The Yuma Area and Regulatory Actions
C. CAA and Regulatory Requirements for
Redesignations and Maintenance Plans
II. Submissions From the State of Arizona To
Redesignate the Yuma Area to
Attainment for the 2015 Ozone NAAQS
A. Summary of State Submissions
B. CAA Procedural Requirements for
Adoption and Submission of SIP
Revisions
III. Evaluation of Arizona’s Redesignation
Request for the Yuma Area
A. Evaluation of Whether the Yuma Area
Has Attained the 2015 Ozone NAAQS
B. The Area Must Have a Fully Approved
SIP Meeting the Requirements
Applicable for the Purposes of
Redesignation Under Section 110 and
Part D of the CAA
C. The Area Must Show That the
Improvement in Air Quality Is Due to
Permanent and Enforceable Emissions
Reductions
D. The Area Must Have a Fully Approved
Maintenance Plan Under CAA Section
175A
IV. Proposed Action and Request for Public
Comment
V. Statutory and Executive Order Review
I. Background
A. The 2015 Ozone National Ambient
Air Quality Standards
Ground-level ozone pollution is
formed from the reaction of volatile
organic compounds (VOC) and oxides of
nitrogen (NOX) in the presence of
sunlight. These two pollutants, referred
to as ozone precursors, are emitted by
many types of sources, including onand nonroad motor vehicles and
engines, power plants and industrial
facilities, and smaller area sources such
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as lawn and garden equipment and
paints.
Scientific evidence indicates that
adverse public health effects occur
following exposure to ozone,
particularly in children and adults with
lung disease. Breathing air containing
ozone can reduce lung function and
inflame airways, which can increase
respiratory symptoms and aggravate
asthma or other lung diseases.1
Under section 109 of the Act, the EPA
promulgates NAAQS for pervasive air
pollutants, such as ozone. The NAAQS
are concentration levels the EPA has
determined to be requisite to protect
public health and welfare. On February
8, 1979, the EPA established primary
and secondary NAAQS for ozone at 0.12
parts per million (ppm) averaged over a
1-hour period.2 On July 18, 1997, the
EPA revised the primary and secondary
standards for ozone to set the acceptable
level of ozone in the ambient air at
0.080 ppm averaged over an 8-hour
period (‘‘1997 ozone NAAQS’’).3
In 2008, the EPA lowered the 8-hour
ozone NAAQS to 0.075 ppm (‘‘2008
ozone NAAQS’’) to revise the 1997
ozone NAAQS.4 Then, in 2015, the EPA
lowered the primary and secondary 8hour ozone NAAQS to 0.070 ppm
(‘‘2015 ozone NAAQS’’ or
‘‘standard’’ 5).6 Most recently, in
December 2020, the EPA finalized
review of the ozone NAAQS, retaining
the form and level of the standards.7 As
a result, no new ozone area designations
were triggered under the CAA, and
therefore, no new nonattainment area
requirements will apply. This action
pertains to only the 2015 ozone
NAAQS.
B. The Yuma Area and Regulatory
Actions
Following promulgation of a new or
revised NAAQS, the EPA is required by
the CAA to promulgate designations for
areas throughout the U.S. in accordance
with section 107(a)(1) of the CAA.
Effective August 3, 2018, the EPA
1 ‘‘Fact Sheet—2008 Final Revisions to the
National Ambient Air Quality Standards for
Ozone,’’ dated March 2008.
2 See 44 FR 8202 (February 8, 1979).
3 See 62 FR 38856. On April 30, 2004, the EPA
designated and classified areas of the country with
respect to the 1997 ozone NAAQS. See 69 FR
23858.
4 73 FR 16436 (March 27, 2008).
5 Since the primary and secondary 2015 ozone
standards are the same, we hereafter refer to them
herein using the singular ‘‘2015 ozone NAAQS’’ or
‘‘standard.’’
6 80 FR 65292 (October 26, 2015).
7 85 FR 87256 (December 31, 2020). This
proposed action relates to the requirements for the
2015 ozone NAAQS. Information regarding the
December 31, 2020 retention of the prior 2015
ozone NAAQS is provided for reference only.
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Federal Register / Vol. 89, No. 214 / Tuesday, November 5, 2024 / Proposed Rules
established the initial air quality
designations for most areas in the
United States for the 2015 ozone
NAAQS.8 The EPA designated the
Yuma area as ‘‘Marginal’’ nonattainment
for the 2015 ozone NAAQS based on
monitoring data from 2014–2016. Areas
classified as Marginal must attain the
NAAQS within three years of the
effective date of the nonattainment
designation.9 The Yuma area covers 52
square miles in the Sonoran Desert
region of southwestern Arizona and is
adjacent to California and the
international border with Mexico.10 In
response to the designation and
classification of the Yuma area as a
Marginal area, Arizona submitted to the
EPA revisions to its nonattainment new
source review (NNSR) program. The
EPA approved the revisions and
determined that the NNSR program
meets the applicable NNSR program
requirements for areas classified as
Marginal nonattainment for the 2015
ozone NAAQS.11 Arizona also
submitted a plan titled ‘‘Marginal Ozone
Plan for the Yuma Nonattainment Area’’
and a technical supplement which
address the emissions inventory
requirement in CAA section 182(a)(1)
and the emissions statement
requirement in CAA section 182(a)(3).
The EPA approved the emissions
inventory for the Yuma area on April 5,
2022,12 and the emissions statement on
July 29, 2022.13
On October 7, 2022, the EPA
determined that the Yuma area attained
the 2015 ozone NAAQS by August 3,
2021, the attainment deadline specified
by the Act, with a design value of 0.068
ppm.14 The EPA relied on 2018–2020
quality-assured, certified ambient ozone
data in making the determination that
the Yuma area had attained the NAAQS
by the applicable date.
C. CAA and Regulatory Requirements
for Redesignations and Maintenance
Plans
The CAA establishes the criteria that
must be met for the EPA to redesignate
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8 83
FR 25776 (June 4, 2018).
9 CAA section 181(a)(1), 40 CFR 51.1102 and
51.1103(a).
10 The Yuma nonattainment area is bounded on
the north and west by the Arizona state line,
bounded on the south by the line of latitude at
32°39′20″ N, bounded on the east by the line of
longitude 114°33′50″ W, and excluding the section
10, 11, and 12 of township T9S, R23W and any
portion in Indian Country. See 40 CFR 81.303.
11 89 FR 22963 (April 3, 2024).
12 87 FR 19629 (April 5, 2022).
13 87 FR 45657 (July 29, 2022).
14 87 FR 60897 (October 7, 2022). The design
value for the 2015 ozone NAAQS is the fourthhighest daily maximum 8-hour average
concentration of ozone averaged over a three-year
period. 40 CFR part 50, appendix U.
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a nonattainment area to attainment for
a given NAAQS. Specifically, section
107(d)(3)(E) sets forth the following
criteria: (1) the EPA must determine that
the area has attained the applicable
NAAQS; (2) the EPA must have a fully
approved SIP for the area under CAA
section 110(k); (3) the EPA must
determine that the improvement in air
quality is due to permanent and
enforceable reductions in emissions; (4)
the EPA must have fully approved a
maintenance plan for the area as
meeting the requirements of CAA
section 175A; and, (5) the State must
have met all requirements applicable to
the area under section 110 and title I,
part D (‘‘part D’’) of the CAA. Section
110 identifies a comprehensive list of
elements that must be included in SIPs,
and part D establishes the SIP
requirements for nonattainment areas.
Part D is divided into six subparts. The
generally applicable SIP requirements
for nonattainment areas are found in
subpart 1 of part D, and the ozonespecific SIP requirements are found in
subpart 2 of part D. The EPA provided
guidance on redesignations in a
document titled ‘‘State Implementation
Plans; General Preamble for the
Implementation of title I of the Clean
Air Act Amendments of 1990,’’
published in the Federal Register on
April 16, 1992,15 and supplemented on
April 28, 1992 16 (collectively referred to
herein as the ‘‘General Preamble’’). The
EPA issued additional guidance in two
memoranda: a September 4, 1992
memorandum from John Calcagni, titled
‘‘Procedures for Processing Requests to
Redesignate Areas to Attainment’’
(‘‘Calcagni memo’’); 17 and a 1995
memorandum from Mary D. Nichols,
titled ‘‘Part D New Source Review (part
D NSR) Requirements for Areas
Requesting Redesignation to
Attainment’’ (‘‘Nichols memo’’).18
The EPA’s approval of a State’s
maintenance plan is one of the CAA
prerequisites for redesignation of a
nonattainment area to attainment.
15 57
FR 13498 (April 16, 1992).
FR 18070 (April 28, 1992).
17 Memorandum dated September 4, 1992, from
John Calcagni, Air Quality Management Division,
U.S. EPA, to Regional Air Directors, Regions I–X,
Subject: ‘‘Procedures for Processing Requests to
Redesignate Areas to Attainment,’’ available at
https://www.epa.gov/sites/default/files/2016-03/
documents/calcagni_memo_-_procedures_for_
processing_requests_to_redesignate_areas_to_
attainment_090492.pdf.
18 Memorandum dated October 14, 1994, from
Mary D. Nichols, Assistant Administrator, U.S.
EPA, to EPA Regional Air Directors, Region I–X,
Subject: ‘‘Part D New Source Review (part D NSR)
Requirements for Areas Requesting Redesignation
to Attainment,’’ available at https://www.epa.gov/
sites/default/files/2015-07/documents/
101494m.pdf.
16 57
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Section 175A of the CAA provides the
general framework for a State’s
maintenance plans. A State’s initial 10year maintenance plan must provide for
maintenance of the NAAQS for at least
10 years after redesignation and include
any additional control measures
necessary to ensure such maintenance.
In addition, maintenance plans must
contain contingency provisions
necessary to assure the prompt
correction of a violation of the NAAQS
during the maintenance period. At a
minimum, these contingency provisions
must include a requirement that a State
will implement all control measures
contained in the nonattainment SIP
prior to redesignation. Because a State’s
maintenance plan submittals are SIP
revisions, the EPA is obligated under
CAA section 110(k) to approve them or
disapprove them depending upon
whether they meet the applicable CAA
requirements for such plans outlined
above.
For the reasons described in section
III of this proposal, the EPA is proposing
to approve the Yuma Maintenance Plan
and approve Arizona’s request for
redesignation of the Yuma area to
attainment for the 2015 ozone NAAQS.
The EPA’s proposed approvals are based
on our conclusion that Arizona has
satisfied all the criteria under CAA
section 107(d)(3)(E).
II. Submissions From the State of
Arizona To Redesignate the Yuma Area
to Attainment for the 2015 Ozone
NAAQS
A. Summary of State Submissions
On December 27, 2023, the Arizona
Department of Environmental Quality
(ADEQ) submitted to the EPA its
redesignation request and the Yuma
Maintenance Plan as a revision to the
Arizona SIP.19 This document addresses
all of the CAA section 107(d)(3)(E)
requirements for redesignating a
nonattainment area to attainment for the
NAAQS and includes the required
maintenance plan elements. The Yuma
Maintenance Plan is organized into
eight chapters and two appendices.
Appendix A of the Plan provides
technical support for the emissions
inventory, and appendix B of the Plan
contains the procedural requirements
and authority to implement the Yuma
Maintenance Plan.
19 Letter dated December 27, 2023, from Hether
Krause, Deputy Assistant Director, ADEQ, to Martha
Guzman, Regional Administrator, EPA Region IX.
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B. CAA Procedural Requirements for
Adoption and Submission of SIP
Revisions
III. Evaluation of Arizona’s
Redesignation Request for the Yuma
Area
CAA sections 110(a) and 110(l)
require a State to provide reasonable
public notice and opportunity for public
hearing prior to the adoption and
submission of a SIP revision to the EPA.
To meet this procedural requirement, a
State must include evidence that it
provided adequate public notice and an
opportunity for a public hearing,
consistent with the EPA’s implementing
regulations in 40 CFR 51.102.
ADEQ’s December 27, 2023 SIP
submittal includes documentation of the
public process conducted by ADEQ in
its adoption the Yuma Maintenance
Plan.20 On November 15, 2023, ADEQ
released a draft version of the plan for
public review and published a notice of
public meeting to be held on December
15, 2023, to consider the adoption of the
Yuma Maintenance Plan. ADEQ
adopted the Yuma Maintenance Plan on
December 15, 2023, following a public
hearing, as documented in the public
hearing presiding officer certification 21
and public hearing transcript.22 Based
on the documentation in the December
27, 2023 SIP submittal, ADEQ has
satisfied the applicable statutory and
regulatory requirements for reasonable
public notice and hearing prior to
adoption and submission of the Plan.
Therefore, the submission of the Yuma
Maintenance Plan meets the procedural
requirements for public notice and
hearing in CAA sections 110(a) and
110(l) and in 40 CFR 51.102.
On June 23, 2024, the Yuma
Maintenance Plan became complete by
operation of law pursuant to CAA
section 110(k)(1)(B).23
A. Evaluation of Whether the Yuma
Area Has Attained the 2015 Ozone
NAAQS
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20 ADEQ
submitted a signed version of its ‘‘Notice
of Public Hearing’’ published online, and in print
in The Arizona Republic on November 14 and 15,
2023 and in the Yuma Sun on November 14, 2023.
21 ADEQ submitted a signed version of the
‘‘Public hearing presiding officer certification,’’
which certifies that ADEQ conducted public
hearing on December 15, 2023.
22 ADEQ submitted a written transcript of the
public hearing conducted on December 15, 2023, in
which the Yuma Maintenance Plan was adopted.
23 For more information regarding the
completeness criteria as per CAA section
110(k)(1)(A) and 40 CFR part 51, appendix V, see
the completeness checklist in the Yuma
Maintenance Plan, v–viii.
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1. Statutory and Regulatory
Requirements
Pursuant to section 107(d)(3)(E)(i) of
the CAA, for a nonattainment area to be
redesignated to attainment, the EPA
must determine that the area has
attained the relevant NAAQS. The EPA
interprets this requirement to mean that
the area must have an attaining design
value based on the most recently
available and quality-assured air quality
monitoring data, collected in
accordance with the requirements of 40
CFR part 58.24 These requirements
include quality assurance procedures
for monitor operation and data
handling, siting parameters for
instruments or instrument probes, and
minimum ambient air quality
monitoring network requirements.25
State, local, or Tribal agencies that
operate air monitoring sites in
accordance with 40 CFR part 58 must
enter the ambient air quality data from
these sites in the EPA Air Quality
System (AQS) database.26 These
monitoring agencies certify annually
that these data are accurate to the best
of their knowledge, taking into
consideration the quality assurance
findings.27 Accordingly, the EPA relies
primarily on AQS data when
determining the attainment status of an
area.
In accordance with 40 CFR part 50,
appendix U, the EPA’s finding of
attainment of the 2015 ozone NAAQS
must be based upon complete, certified
data gathered at monitoring sites in the
nonattainment area in accordance with
40 CFR part 58 and entered into AQS.28
Under 40 CFR 50.19 and in accordance
with part 50, appendix U, an area meets
the 2015 ozone NAAQS when the
design value at each eligible monitoring
site within the area is less than or equal
to 0.070 ppm, based on the calculations
set forth in 40 CFR part 50, appendix
U.29
To have a valid design value showing
attainment of the ozone standard at a
given monitoring site, the ambient air
24 57
FR 13948 at 13563 (April 12, 1992).
CFR 58.2(a).
26 40 CFR 58.16. AQS is the EPA’s national
repository of ambient air quality data.
27 40 CFR 58.15(a).
28 40 CFR part 50, appendix U, section 3.
29 The 2015 ozone NAAQS design value is the
annual fourth-highest daily maximum 8-hour
average ozone concentration, averaged over three
years.
25 40
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quality data must meet data
completeness or substitution
requirements for each year under
consideration. The completeness
requirements are met when at least 90
percent of the days in the ozone season
are complete,30 on average, for the threeyear period, with a minimum of at least
75 percent of the complete days within
the ozone monitoring period in any one
year.31 When computing whether the
minimum data completeness
requirements have been met,
meteorological or ambient data may be
sufficient to demonstrate that
meteorological conditions on missing
days were not conducive to
concentrations above the level of the
2015 ozone NAAQS. Missing days
assumed less than the level of the 2015
ozone NAAQS are counted for the
purpose of meeting the minimum data
completeness requirements, subject to
the approval of the Regional
Administrator.32
2. Monitoring Network Review, Quality
Assurance, and Data Completeness
ADEQ is the governmental agency
with the authority and responsibilities
under the State’s laws for collecting
ambient air quality data in the Yuma
area. As a result, ADEQ submits annual
monitoring network plans to the EPA.33
These plans document the status of
ADEQ’s air monitoring network, as
required under 40 CFR 58.10. The EPA
reviews these annual network plans for
compliance with the specific
requirements in 40 CFR part 58. With
respect to ozone, we have found that the
annual network plans submitted by
ADEQ met these requirements under 40
CFR part 58, including the minimum
monitoring requirements.34 Yuma
Supersite (AQS ID No. 04–027–8011) is
the only ozone monitor in the Yuma
area.
In accordance with 40 CFR 58.15,
ADEQ certifies annually that the
previous years’ ambient concentration
and quality assurance data are
completely submitted to AQS and that
30 Ozone season refers to seasons of the year that
are conducive to ozone formation, identified on a
state-by-state basis per 40 CFR part 58, appendix D
4.1(i), table D–3. The Yuma Maintenance Plan
identifies their high ozone season as April to
September. Yuma Maintenance Plan, 9.
31 40 CFR part 50, appendix U, section 4.b.
32 40 CFR part 50, appendix U, section 4.c.
33 We have included in the docket for this
rulemaking, EPA reviews of ADEQ annual network
plans and the correspondence transmitting this
review, e.g., from Dena Vallano, Manager,
Monitoring and Analysis Section, EPA Region IX,
to Daniel Czecholinski, Air Division Director,
ADEQ.
34 See e.g., ‘‘Arizona Air Monitoring Network
Plan for the Year 2023,’’ Tables 2.1–10 and 2.1–11,
‘‘Minimum Monitoring Requirements for O3.’’
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the ambient concentration data are
accurate, taking into consideration the
quality assurance findings.35 Along with
the certification letters, ADEQ submits a
summary of the precision and accuracy
data for all ambient air quality data.36
The EPA’s evaluations of the relevant
quality assurance data are reflected in
the associated AQS design value
reports.37 These reports include a
certification evaluation and concurrence
(‘‘Cert&Eval’’) flag indicating the overall
quality of the corresponding monitoring
data. Over the period of 2021–2023, the
associated Cert&Eval flag in the design
value report was ‘‘Y’’ for the monitoring
site in the Yuma area,38 meaning that
‘‘[t]he certifying agency has submitted a
certification letter, and EPA has no
unresolved reservations about data
quality (after reviewing the letter, the
attached summary reports, the amount
of quality assurance data submitted to
AQS, the quality statistics, and the
highest reported concentrations).’’ 39
The Yuma area Design Value Report
also included a validity indicator (‘‘Y’’)
that reflects whether the design value is
valid (i.e., calculated using data that
meet the applicable completeness
criteria). For the purposes of this
proposal, we reviewed the data for the
2021–2023 period for completeness and
determined that the ozone data
collected by ADEQ met the
completeness criterion at the ozone
monitoring site in the Yuma area.40
Finally, the EPA conducts regular
technical system audits (TSAs) where
we review and inspect State and local
ambient air monitoring programs to
assess compliance with applicable
regulations concerning the collection,
analysis, validation, and reporting of
ambient air quality data. For the
purposes of this proposal, we reviewed
the findings from the EPA’s 2021 TSA
of ADEQ’s ambient air monitoring
program.41 In Finding 4 of the 2021
35 We have included in our docket ADEQ’s
annual data certifications for 2020–2022. Annual
data certification requirements can be found at 40
CFR 58.15.
36 40 CFR 58.15(c).
37 AQS, Design Value Report (AMP480), dated
February 21, 2024.
38 In 2021, the one-point quality control check
requirement was not met. ADEQ did not complete
the required number of checks throughout the year.
However, according to 40 CFR part 58, appendix A,
section 1.2.3, failure to conduct or pass a required
check or procedure, or a series of required checks
or procedures, does not by itself invalidate data for
regulatory decision making.
39 AQS, Design Value Report (AMP480), dated
February 21, 2024.
40 Id.
41 Technical Systems Audit of the Ambient Air
Monitoring Program: Arizona Department of
Environmental Quality, February 8–12, 2021; Final
Report dated April 2022 (‘‘2021 TSA’’). The 2021
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TSA, the EPA noted that ADEQ did not
report all valid measurement quality
checks to AQS as required by the CFR.
ADEQ conducted nightly zero/
precision/span checks on its ozone
analyzers with certified transfer
standards but did not report these to
AQS. In the past, the rationale for not
reporting these checks was that the
stability was not tracked or was
questionable given the limited time for
the zero/precision/span to occur, (i.e.,
11:45 p.m.–12:15 a.m.). To address this
finding, as of October 2023, ADEQ has
begun to submit nightly ozone precision
checks to AQS. The EPA did not
recommend invalidating any data from
the monitoring site in the Yuma area
based on this TSA.
In summary, based on the EPA’s
reviews of the relevant monitoring
network plans, certifications, quality
assurance data, and the 2021 TSA, we
propose to find that the ozone data
collected in the Yuma area are suitable
for determining whether the area has
attained the 2015 8-hour ozone NAAQS
based on the most recent certified data
available in AQS.
TABLE 1—YUMA SUPERSITE MONITOR
(AQS ID NO. 04–027–8011) DESIGN VALUE FOR THE 2015 OZONE
NAAQS FROM 2008–2022—Continued
[Parts per million (ppm)] a
Year
2021 ......................................
2022 ......................................
2023 ......................................
Design value
0.067
0.068
0.070
a Source: AQS, Design Value Report, dated
May 1, 2024.
Consequently, based upon three
complete, quality assured and certified
data from 2021–2023, the EPA proposes
to determine that the Yuma area has
attained and continues to attain the
2015 ozone NAAQS.
B. The Area Must Have a Fully
Approved SIP Meeting the Requirements
Applicable for the Purposes of
Redesignation Under Section 110 and
Part D of the CAA
Sections 107(d)(3)(E)(ii) and (v) of the
CAA require the EPA to determine that
the area has a fully approved applicable
SIP under CAA section 110(k) that
3. Evaluation of Attainment
meets all applicable requirements under
Table 1 shows the calculated 2015
section 110 and part D for the purposes
ozone design values at the Yuma
of redesignation. We interpret the
Supersite monitor (AQS ID No. 04–027–
references to the ‘‘applicable
8011). The data show that the monitor
implementation plan’’ and ‘‘applicable
in the Yuma area met the 2015 ozone
requirements’’ in section 107(d)(3)(E)(ii)
NAAQS in the 2020–2022 period. In
and in 107(d)(3)(E)(v), respectively, to
addition, preliminary data for 2024
mean that a SIP must be fully approved
shows that the Yuma Supersite monitor only with respect to requirements that
is attaining the 2015 ozone NAAQS.42
are applicable for purposes of
redesignation. The CAA section 110 and
TABLE 1—YUMA SUPERSITE MONITOR part D requirements that are linked to a
(AQS ID NO. 04–027–8011) DE- particular nonattainment area’s
SIGN VALUE FOR THE 2015 OZONE designation and classification (except
NAAQS FROM 2008–2022
those directly related to attainment) are
the relevant measures to evaluate in
[Parts per million (ppm)] a
reviewing a redesignation request.
Requirements that apply regardless of
Year
Design value
the designation of an area of a State are
2010 ......................................
0.073 not applicable requirements for the
2011 ......................................
0.073 purpose of redesignation, and the State
2012 ......................................
0.077 will remain subject to these
2013 ......................................
0.076
requirements after the nonattainment
2014 ......................................
0.077
43
2015 ......................................
0.076 area is redesignated to attainment. The
EPA
may
rely
on
prior
SIP
approvals
in
2016 ......................................
0.074
2017
2018
2019
2020
......................................
......................................
......................................
......................................
0.072
0.071
0.071
0.068
TSA is attached to its transmittal letter dated April
7, 2022, from Elizabeth J. Adams, EPA Region IX,
to Bradley Busby, Manager, ADEQ.
42 See ‘‘AQS Quicklook Report,’’ dated October 1,
2024, available in the docket for this proposed rule.
At the Yuma Supersite, available data for 2024 on
includes the first and second quarter of the year
(January through June). Based on that first and
second quarter, the fourth-highest 8-hour ozone
concentration so far in 2014 is 0.068 ppm.
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43 See the Calcagni memo; memorandum dated
September 17, 1993, from Michael Shapiro, Acting
Assistant Administrator for Air and Radiation,
Subject: ‘‘State Implementation Plan (SIP)
Requirements for Areas Submitting Requests for
Redesignation to Attainment of the Ozone and
Carbon Monoxide (CO) National Ambient Air
Quality Standards (NAAQS) on or after November
15, 1992,’’; 60 FR 12459, 12465–66 (March 7, 1995)
(redesignation of Detroit-Ann Arbor, Michigan); 68
FR 25418, 25424–25427 (May 12, 2003)
(redesignation of St. Louis, Missouri); and Sierra
Club v. EPA, 375 F.3d 537, 541 (7th Cir. 2004)
(upholding EPA’s redesignation rulemaking
applying this interpretation).
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approving a redesignation request 44 as
well as any additional measure or
element it may approve in conjunction
with a redesignation action.45
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1. State Implementation Plan
Requirements Under Section 110
The general SIP elements and
requirements set forth in CAA section
110(a)(2) include, but are not limited to,
the following: (1) submittal of a SIP that
has been adopted by the State after
reasonable public notice and hearing;
(2) provisions for establishment and
operation of appropriate procedures
needed to monitor ambient air quality;
(3) implementation of a source
permitting program; (4) provisions for
the implementation of part C
requirements for prevention of
significant deterioration (PSD); (5)
provisions for the implementation of
part D requirements for nonattainment
new source review permit programs; (6)
provisions for air pollution modeling;
and (7) provisions for public and local
agency participation in planning and
emission control rule development.
On numerous occasions, Arizona has
submitted, and the EPA has approved
provisions addressing the basic CAA
section 110 provisions. The Arizona SIP
contains enforceable emissions
limitations, requires monitoring,
compiling, and analyzing of ambient air
quality data; requires preconstruction
review of new or modified stationary
sources; provides for adequate funding,
staff, and associated resources necessary
to implement its requirements; and
provides the necessary assurances that
the State maintains responsibility for
ensuring that the CAA requirements are
satisfied in the event that local or
regional agencies are unable to meet
their CAA obligations. Most recently, on
September 4, 2024, the EPA finalized a
partial approval and partial disapproval
of SIP revisions submitted by the State
of Arizona with respect to the
requirements of CAA section 110(a)(2)
for the 2015 ozone NAAQS.46
Specifically, the EPA partially
disapproved the SIP revisions for CAA
requirements in sections 110(a)(2)(C)
(program for enforcement of control
measures and regulation of new
stationary sources), 110(a)(2)(D)(i)(II)
(interference with maintenance of the
NAAQS in any other State, or ‘‘prong
3’’), 110(a)(2)(D)(ii) (interstate pollution
abatement, CAA section 126), and
110(a)(2)(J) (PSD and visibility
protection). The deficiencies are
adequately addressed by existing
Federal implementation plans.
In conclusion, we find that there are
no outstanding or disapproved
applicable SIP submittals that prevent
redesignation of the Yuma area for the
2015 ozone NAAQS. Therefore, we
propose to conclude that the State has
met all SIP requirements for the Yuma
area that are applicable for purposes of
redesignation under section 110 of the
CAA.
2. State Implementation Plan
Requirements Under Part D
Part D of the CAA establishes the plan
requirements for nonattainment areas.
Section 172(c) in subpart 1 of part D sets
forth the basic requirements of air
quality plans for States with
nonattainment areas that are required to
submit plans on a schedule pursuant to
CAA section 172(b). Subpart 2 of part D,
which includes section 182 of the CAA,
establishes specific requirements for
ozone nonattainment areas depending
on the areas’ nonattainment
classifications. The Yuma area is
classified as Marginal nonattainment for
the 2015 ozone NAAQS, and thus, the
area is subject to the subpart 1
requirements contained in CAA sections
172(c) and 176, as well as CAA section
182(c). A thorough discussion of the
requirements contained in sections
172(c) and 182(c) can be found in the
‘‘General Preamble for Implementation
of Title I of the Clean Air Act
Amendments of 1990.’’ 47
CAA requirements for ozone
nonattainment areas are cumulative in
that ‘‘Extreme’’ areas must also meet the
applicable requirements for the four
lesser classifications: Marginal,
‘‘Moderate,’’ ‘‘Serious,’’ and ‘‘Severe.’’
Because the Yuma area was classified as
Marginal nonattainment for ozone, the
area is only required to meet the
applicable Marginal ozone
requirements.48 Since its classification
as a Marginal nonattainment area, the
State has adopted and the EPA has
approved into the Arizona SIP the
following Marginal area requirements
for the Yuma area with respect to the
2015 ozone NAAQS: emissions
inventories,49 emissions statements,50
and nonattainment new source review
programs.51
In conclusion, we find that the Yuma
area has a fully approved SIP under
47 57
44 Calcagni
memo, 3; Wall v. EPA, 265 F.3d 426,
438 (6th Cir. 2001).
45 Calcangi memo, 3; 68 FR 25418, 25426 (May
12, 2003).
46 89 FR 71830 (September 4, 2024).
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FR 13498 (April 16, 1992).
requirements can be found in CAA section
48 The
182(a).
49 87 FR 19629 (April 5, 2022).
50 87 FR 45657 (July 29, 2022).
51 89 FR 22963 (April 3, 2024).
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87833
CAA section 110(k) that satisfies the
criterion for redesignation under
sections 107(d)(3)(E)(ii) and (v) of the
CAA.
C. The Area Must Show That the
Improvement in Air Quality Is Due to
Permanent and Enforceable Emissions
Reductions
To approve a redesignation to
attainment, section 107(d)(3)(E)(iii) of
the CAA requires the EPA to determine
that the improvement in air quality is
due to emissions reductions that are
permanent and enforceable, and that the
improvement results from the
implementation of the applicable SIP,
applicable Federal air pollution control
regulations, and other permanent and
enforceable regulations. Under this
criterion, a State must be able to
reasonably attribute the improvement in
air quality to permanent and enforceable
emissions reductions. Attainment
resulting from temporary reductions in
emissions (e.g., reduced production or
shutdown due to temporary adverse
economic conditions) or unusually
favorable meteorology would not qualify
as an air quality improvement due to
permanent and enforceable emissions
reductions.52
ADEQ found that the Yuma area has
demonstrated that the observed air
quality improvements with respect to
the 2015 ozone NAAQS are due to
enforceable emissions reductions
through the implementation of Federal
vehicle standards, engine standards, and
rules for boilers, reciprocating internal
combustion engines, and electrical
utility generation units. ADEQ found
that, within the Yuma area, Federal
regulations have been the primary
measures contributing to permanent and
enforceable emissions reductions,
leading to attainment of the NAAQS.53
The Federal motor vehicle program
and Federal fuel standards for sulfur
content in diesel have contributed to
attainment of the 2015 ozone NAAQS in
the Yuma area by reducing VOC and
NOX.54 Federal tier 2 and 3 motor
vehicle standards implemented from
2004 to 2014 helped to reduce on-road
mobile source VOC and NOX emissions
in the Yuma area through increasingly
stringent emissions standards. Federal
sulfur content standards for diesel fuel
were implemented in conjunction with
the Federal motor vehicle program
standards. Sulfur occurs naturally in
gasoline and interferes with the
operation of catalytic converters on
vehicles, which results in higher NOX
52 Calcagni
memo, 4.
Maintenance Plan, 28–32.
54 Yuma Maintenance Plan, 28–31.
53 Yuma
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emissions. Lower sulfur content fuel has
reduced sulfur dioxide (SO2) emissions
and allowed pollution control
equipment to operate more effectively to
reduce emissions of other pollutants as
well.
Federal nonroad and stationary
standards also contributed to attainment
of the 2015 ozone NAAQS. Nonroad
spark-ignition and recreational engine
standards implemented between 2003
and 2020 have contributed to a 72
percent reduction in VOCs and an 80
percent reduction in NOX.55 The boiler
and reciprocating internal combustion
engines national emissions standards for
hazardous air pollutants (NESHAPs), as
well as the utility mercury and air toxics
standards (MATS) and new source
performance standards (NSPS) rules for
electricity generating units also have
contributed to VOC and NOX reductions
in the Yuma area.56 Taken together,
these Federal programs contributed to
VOC and NOX emissions reductions in
the Yuma area.
With respect to the connection
between the emissions reductions and
the improvement in air quality, we also
conclude that the air quality
improvement in the Yuma area is due to
permanent and enforceable emissions
reductions and not the result of
temporary or impermanent factors such
as local economic downturn, temporary
emissions reductions, or unusual or
extreme weather patterns. Our
conclusion is based on the observation
that the ozone design value for the
Yuma area has been below 0.070 ppm,
the level of the 2015 ozone NAAQS,
since 2020.57 In sum, ambient ozone
concentrations in the Yuma area have
been consistently below the NAAQS
since 2020 and have not been subject to
large swings and disparate observations
that might result from a sudden facility
closure or an extreme weather pattern.
In conclusion, we find that the
improvement in ambient air quality in
the Yuma area is due to permanent and
enforceable reductions in emissions of
VOC and NOX, resulting from control
measures such as (1) Federal vehicle
standards and (2) stationary source
control measures. Therefore, we propose
55 Id.
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56 Id.
57 Yuma
Maintenance Plan, Figure 2–2.
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to find that Arizona has satisfied the
criterion for redesignation set forth at
CAA section 107(d)(3)(E)(iii).
D. The Area Must Have a Fully
Approved Maintenance Plan Under
CAA Section 175A
Section 107(d)(3)(E)(iv) of the CAA
requires, as a pre-condition to being
redesignated from nonattainment to
attainment, that the Administrator has
fully approved a maintenance plan for
the area as meeting the requirements of
section 175A of the Act.
Section 175A of the CAA sets forth
the elements of a maintenance plan for
areas seeking redesignation from
nonattainment to attainment. The
maintenance plan is a SIP revision that
provides for maintenance of the relevant
NAAQS in the area for at least 10 years
after redesignation. The Calcagni memo,
dated September 4, 1992, provides
additional guidance on the required
content of a maintenance plan.
A maintenance plan should address
the following five areas: the attainment
emissions inventory, maintenance
demonstration, monitoring network,
verification of continued attainment,
and a contingency plan. The attainment
emissions inventory identifies the
emissions level in the area that is
sufficient to attain the 2015 ozone
NAAQS based on emissions during a
three-year period which had no
monitored violations. To demonstrate
maintenance of the 2015 ozone NAAQS,
ADEQ has projected the attainment
emissions inventory through the first
maintenance period and ensured that it
was less than or equal to the inventory
at the time of attainment. A
maintenance plan must also include
provisions for continued operation of an
appropriate air quality monitoring
network. The State must show how it
will track and verify the progress of the
maintenance plan. Finally, the
maintenance plan must include a list of
potential contingency measures which
ensure prompt correction of any
violation of the 2015 ozone NAAQS.
Based on our review and evaluation of
the Yuma Maintenance Plan, as
described in the following sections, we
are proposing to approve the Plan as
meeting the requirements of CAA
section 175A.
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1. Attainment Inventories and Projected
Future Inventories
A maintenance plan should include
an ‘‘attainment emissions inventory’’ of
ozone precursors in the area to identify
a level of emissions sufficient to attain
the NAAQS.58 The attainment
emissions inventory should be
consistent with the EPA’s most recent
guidance on emissions inventories for
nonattainment areas available at the
time it was developed and should
represent emissions during the
timeframe associated with the ambient
air quality monitoring data showing
attainment of the NAAQS. The
attainment inventory will generally be
the actual inventory during the time
period that the area attained the
standard. The EPA has provided
guidance for developing ozone
emissions inventories in ‘‘Emissions
Inventory Guidance for Implementation
of Ozone and Particulate Matter
National Ambient Air Quality Standards
(NAAQS) and Regional Haze
Regulations’’.59
ADEQ selected 2020 as the base year
for the attainment inventory in the
Yuma Maintenance Plan. The Yuma
area attained the 2015 ozone NAAQS in
2020, and therefore, the emissions
inventory from 2020 represents
emissions levels consistent with
continued attainment (i.e., maintenance)
of the NAAQS. We consider the
selection of the 2020 base year
inventory to be appropriate given that it
was the most recent emissions inventory
associated with the reporting schedule
required under the Air Emissions
Reporting Requirements rule at the time
of development of the Plan.
Table 2 presents the VOC and NOX
emissions estimates contained in the
Yuma Maintenance Plan for 2020 and
presents the Plan’s projected emissions
inventories of ozone precursors for an
interim year (2030) and the maintenance
plan’s horizon year (2037).60
58 Calcagni
memo, 8–9.
Inventory Guidance for
Implementation of Ozone and Particulate Matter
National Ambient Air Quality Standards and
Regional Haze Regulations,’’ EPA–454/B–17–002,
May 2017.
60 The maintenance plan horizon year refers to
the final year of the maintenance period covered by
the plan.
59 ‘‘Emissions
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TABLE 2—YUMA AREA 2020 AND PROJECTED 2030 AND 2037 VOC AND NOX OZONE SEASON DAY EMISSIONS
[Pounds per day] a
2020
2030
2037
Emissions source
VOC
VOC
NOX
NOX
VOC
NOX
Point .........................................................
Nonpoint ...................................................
Mobile—Nonroad .....................................
Mobile—On-road ......................................
104
5,754
1,792
8,939
1,662
1,410
1,620
5,412
1,384
6,281
1,720
4,908
4,628
1,556
923
2,747
1,384
6,738
1,754
4,222
4,628
1,660
782
2,390
Total b ................................................
16,589
10,104
14,293
9,854
14,098
9,460
a Source:
Yuma Maintenance Plan, 43.
b Emissions have been added to the Mobile—On-road emissions source category to account for safety margins added to proposed motor vehicle emissions budget. See the Yuma Maintenance Plan, page 50.
The data shown in Table 3 in this
document is based on the EPA’s 2020
national emissions inventory (NEI). The
inventory addresses point sources,61
nonpoint sources,62 nonroad mobile
sources,63 and on-road mobile sources.
Appendix A to the Yuma Maintenance
Plan contains source-specific
descriptions of emissions calculation
procedures and sources of input data.
The EPA has reviewed the emissions
inventory submitted by ADEQ and
proposes to conclude that the Plan’s
inventory is based on reasonable
assumptions and methodologies, and
that the inventory is comprehensive,
current, accurate, and consistent with
applicable CAA provisions and the
Calcagni memo. Therefore, we are
proposing that the inventory is
acceptable for use in demonstrating
maintenance of the 2015 ozone NAAQS.
2. Maintenance Demonstration
Section 175A(a) of the CAA requires
that the maintenance plan ‘‘provide for
the maintenance of the national primary
ambient air quality standard for such air
pollutant in the area concerned for at
least 10 years after the redesignation.’’ A
State may generally demonstrate
maintenance of the NAAQS by either
showing that future emissions of a
pollutant or its precursors will not
exceed the level of the attainment
inventory, or by conducting modeling
that shows that the future mix of
sources and emissions rates will not
cause a violation of the NAAQS.64
Assumptions concerning emissions
rates in maintenance demonstrations
should generally reflect permanent,
enforceable measures.65 Therefore, the
analysis should assume that sources are
operating at permitted levels (or historic
peak levels), unless evidence is
presented that such an assumption is
unrealistic.66
The Yuma Maintenance Plan
demonstrates maintenance of the 2015
ozone NAAQS for a ten-year period
beginning in 2027. ADEQ used the 2020
NEI and the Motor Vehicle Emission
Simulator (MOVES) version 3.1 as the
baseline to develop growth factors for
point, nonpoint, mobile on-road, and
mobile nonroad sources. For point
sources, ADEQ used permitted potential
to emit (PTE) levels of emissions, except
for the Arizona Public Service (APS)
Yucca Power Plant. ADEQ argues that,
for the APS Yucca Power Plant,
permitted PTE is calculated by
assuming the facility would burn fuel
oil at maximum capacity,
overestimating emissions from the
facility. ADEQ argues that the facility
runs primarily on natural gas and burns
little fuel oil each year.67 Therefore,
ADEQ used historic high emissions
from 2018 for the baseline. We agree
that this method for estimating
emissions from APS Yucca Power Plant
is consistent with EPA guidance. For
nonpoint sources, ADEQ used the 2020
NEI held constant, or multiplied by a
projection factor based on population.68
ADEQ used MOVES 3.1 to model future
on-road emissions, using Arizona
65 Calcagni
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61 For
the Yuma Maintenance Plan, ‘‘point
sources’’ include rock crusher/screener plants,
electricity generation facilities, paper mills, gas
filling stations, and vapor extraction units.
62 For the Yuma Maintenance Plan, ‘‘nonpoint
sources’’ include biogenic emissions, dry cleaning,
surface coating, residential and industrial fuel
combustion, and open burning.
63 For the Yuma Maintenance Plan, ‘‘Mobile—
Nonroad sources’’ includes agricultural,
commercial, lawn and garden, pleasure craft,
railroad, and recreational nonroad mobile sources.
64 Calcagni memo, 9–11.
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memo, 9.
at 4. See also, memorandum dated
November 30, 1993, from Kent D. Berry, Acting
Director, Air Quality Management Division, EPA,
Subject: ‘‘Use of Actual Emissions in Maintenance
Demonstrations for Ozone and Carbon Monoxide
(CO) Nonattainment Areas.’’
67 For the year 2018, the APS Yucca Power Plant
utilized 99.3 percent natural gas and 0.7 percent
fuel oil. For a demonstration and justification for
this estimation method, see the Yuma Maintenance
Plan, appendix A, section A8.1, A–54.
68 Yuma Maintenance Plan, appendix A, A–41,
A–42.
66 Id.
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Department of Transportation vehicle
registration data and MOVES defaults.69
ADEQ used the EPA defaults for Yuma
County and applied a population
allocation factor to apportion the
county-wide nonroad mobile source
emissions to the Yuma nonattainment
area. ADEQ also used MOVES to model
future nonroad mobile source
emissions.
Table 2 compares the VOC and NOX
emissions estimated for the Yuma area
for 2020 with those projected for 2030
and 2037 by source category. The
projected VOC and NOX emissions show
that VOC and NOX emissions are
projected to remain below the
attainment levels throughout the 10-year
period following redesignation.
3. Monitoring Network
Once an area has been redesignated,
the State should continue to operate an
appropriate air quality monitoring
network in accordance with 40 CFR part
58 to verify the attainment status of the
area.70 Data collected by the monitoring
network are also needed to determine if
the contingency provisions of the
maintenance plan are triggered. ADEQ
currently operates one ozone monitor
(the Yuma Supersite monitor) in the
Yuma area.
In the Yuma Maintenance Plan 71
ADEQ indicates its intention to
continue operation of an air quality
monitoring network to verify continued
attainment of the 2015 ozone NAAQS.72
We approved ADEQ’s State and Local
Air Monitoring Stations (SLAMS) air
quality network in their annual
monitoring network plan for year 2023
69 Yuma Maintenance Plan, appendix A, A–42–
A–50.
70 Calcagni memo, 11.
71 Yuma Maintenance Plan, 43.
72 Although the Yuma Maintenance Plan is not
explicit in this regard, we presume that ADEQ’s
intention to continue operation of a monitoring
network indicates the agency’s intention to do so
consistent with the EPA’s monitoring requirements
in 40 CFR part 58 (‘‘Ambient Air Quality
Surveillance’’).
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on October 30, 2023, prior to ADEQ’s
submittal of the Yuma Maintenance
Plan.73 We find ADEQ’s commitment for
continued ambient ozone monitoring set
forth in the Yuma Maintenance Plan to
be acceptable for the purpose of
verifying continued maintenance in the
Yuma area.
4. Verification of Continued Attainment
Each State should ensure that it has
the legal authority to implement and
enforce all measures necessary to
maintain the NAAQS.74
ADEQ has the legal authority to
implement and enforce the
requirements of the Yuma Maintenance
Plan under title 49 of the Arizona
Revised Statutes, ‘‘The Environment.’’
This includes the authority to adopt,
implement, and enforce any emissions
control contingency measures
determined to be necessary to correct
2015 ozone NAAQS violations. To
verify continued attainment, ADEQ
committed to the continued operation of
an ozone monitoring network that meets
the EPA air quality surveillance
requirements. In addition, ADEQ
committed to track the progress of the
maintenance plan through continued
development and submission of
periodic emissions inventories to the
EPA and review of the inventory to
determine whether changes could affect
maintenance of the 2015 ozone NAAQS.
These methods are sufficient for the
purpose of verifying continued
attainment.
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5. Contingency Provisions
Section 175A(d) of the CAA requires
that maintenance plans contain
contingency provisions, as the EPA
deems necessary, to promptly correct
any violations of the NAAQS that occur
after redesignation of the area. Such
provisions must include a requirement
that the State will implement all
measures with respect to the control of
the air pollutant concerned that were
contained in the SIP prior to the area
being redesignated to attainment. These
contingency provisions are
distinguished from contingency
measures required for nonattainment
areas under CAA section 172(c)(9) in
that they are not required to be fully
adopted measures that will take effect
without further action by the State for
the maintenance plan to be approved.
The contingency provisions of a
maintenance plan are, however, an
enforceable part of the SIP and should
73 The EPA’s requirements for annual review of
monitoring networks are no longer codified at 40
CFR 58.20(d) but are now found at 40 CFR 58.10.
74 Calcagni memo, 11.
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ensure that contingency measures are
adopted expeditiously once the Plan’s
contingency provisions are triggered by
a specified event. Thus, a State should
identify the specific indicators or
triggers that will be used to determine
when the contingency measures need to
be implemented. Next, the maintenance
plan should clearly identify the
measures to be adopted, include a
schedule and procedure for adoption
and implementation of the measures,
and contain a specific timeline for
action by a State.
As required by section 175A of the
CAA, ADEQ has adopted a contingency
plan to address possible future ozone air
quality problems.75 ADEQ identifies
two triggers: a warning level response
and action level response. The warning
level response would be triggered if an
annual 4th high monitored
concentration is above the level of the
2015 ozone NAAQS. This would initiate
an analysis to determine whether the
high ozone concentrations indicate a
trend towards high ozone levels. The
study would include an assessment of
meteorological conditions and an
assessment of whether actual emissions
have deviated significantly from the
emissions projections contained in the
maintenance plan, along with an
evaluation of which source sectors are
responsible for emissions increases. The
action level response would be triggered
if a certified design value exceeds the
level of the 2015 ozone NAAQS. Within
18 months of the certified design value
exceedance, ADEQ commits to identify
and implement necessary control
measures.
Potential contingency measures listed
in the maintenance plan are those
emissions controls or other measures
that ADEQ may choose to adopt and
implement in response to the
contingency trigger. The contingency
plan lists the following potential
contingency provisions that will be
considered for adoption and
implementation by the applicable State
agency, while the Plan indicates that the
list is not considered to be exhaustive:
• Anti-idling control program for
mobile sources, targeting diesel
vehicles;
• Diesel exhaust retrofits;
• Traffic flow improvements;
• Park and ride facilities; and
• Rideshare/carpool program.
Upon our review of the Plan, we find
that the contingency provisions in the
Yuma Maintenance Plan clearly identify
specific contingency measures, contain
sufficient tracking and triggering
mechanisms to determine when
75 Yuma
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contingency provisions are needed,
contain an adequate description of the
process of recommending and
implementing contingency measures,
and contain specific timelines for
action. Thus, we conclude that the
contingency provisions of the Yuma
Maintenance Plan are adequate to
ensure prompt correction of a violation
and therefore comply with section
175A(d) of the Act.
6. Motor Vehicle Emissions Budgets
Section 176(c) of the CAA requires
Federal actions in nonattainment and
maintenance areas to conform to the
SIP’s goals of eliminating or reducing
the severity and number of violations of
the NAAQS and achieving expeditious
attainment of the standards. Conformity
to the SIP’s goals means that such
actions will not: (1) cause or contribute
to violations of the NAAQS, (2) worsen
the severity of an existing violation, (3)
or delay timely attainment of any
NAAQS or any interim milestone.
Actions involving Federal Highway
Administration (FHWA) or Federal
Transit Administration (FTA) funding
or approval are subject to the EPA’s
transportation conformity rule, codified
in 40 CFR part 93, subpart A. Under this
rule, regional transit authorities in
nonattainment and maintenance areas
coordinate with State and local air
quality and transportation agencies, the
EPA, FHWA, and FTA to demonstrate
that an area’s regional transportation
plans and transportation improvement
programs conform to the applicable SIP.
This demonstration is typically done by
showing that estimated emissions from
existing and planned highway and
transit systems are less than or equal to
the motor vehicle emissions budgets
(‘‘budgets’’) contained in submitted or
approved control strategy SIPs and
maintenance plans.76
These control strategy SIPs and
maintenance plans typically set budgets
for criteria pollutants and/or their
precursors to address pollution from
cars and trucks. Budgets are generally
established for specific years and
specific pollutants or precursors.
Maintenance plan submittals should
identify budgets for transportation
related VOC and NOX emissions in the
last year of the maintenance period.
For budgets in a maintenance plan to
be approvable, they must meet, at a
minimum, the EPA’s adequacy
criteria.77 To meet these requirements,
76 Control strategy SIPs refer to reasonable further
progress (RFP) and attainment demonstration SIPs.
40 CFR 93.101.
77 40 CFR 93.118(e)(4) and (5). For more
information on the transportation conformity
requirement and applicable policies on budgets,
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the budgets must be consistent, when
considered with emissions from all
other sources, with maintenance of the
NAAQS and reflect all the motor vehicle
control measures relied upon for the
maintenance demonstration. The EPA’s
process for determining adequacy of a
budget consists of three basic steps: (1)
providing public notification of a SIP
submission; (2) providing the public the
opportunity to comment on the budgets
during a public comment period; and (3)
making a finding of adequacy. The
process for determining the adequacy of
a submitted budget is codified at 40 CFR
93.118(f). The EPA can notify the public
by either posting an announcement that
the EPA has received SIP budgets on the
EPA’s adequacy website,78 or via a
Federal Register notice of proposed
rulemaking when the EPA reviews the
adequacy of a maintenance plan budget
simultaneously with its review and
action on the SIP submittal itself.79
The Yuma Maintenance Plan contains
VOC and NOX budgets for 2020, 2030,
and 2037. Any and all comments on the
approvability of the budgets should be
submitted during the comment period
stated in the Dates section of this
document.
The EPA proposes to approve the
2020, 2030, and 2037 budgets in the
Yuma Maintenance Plan for
transportation conformity purposes. If
the EPA issues a final action to approve
the budgets, these budgets must be used
in future transportation conformity
determinations for the Yuma area for the
2015 ozone standard.
The new budgets, if approved in the
final rulemaking, will be effective on the
date of publication of the EPA’s final
rulemaking in the Federal Register. The
applicable VOC and NOX budgets for
the Yuma nonattainment area are
defined in Table 3.
The budgets are the on-road mobile
source VOC and NOX emissions for the
Yuma area for 2020, 2030, and 2037.
The budgets are compatible with the
2020, 2030, and 2037 on-road mobile
source VOC and NOX emissions
included in Yuma’s 2020, 2030 and
2037 emissions inventories, as
summarized in Table 2. The derivation
of the budget is thoroughly discussed in
appendix A to the Yuma Maintenance
Plan.
We evaluated the budgets against our
adequacy criteria in 40 CFR 93.118(e)(4)
and (5) as part of our review of the
budget’s approvability and expect to
complete the adequacy review of the
budgets concurrent with our final action
on the Yuma Maintenance Plan. The
EPA is not required under its
transportation conformity rule to find
budgets adequate prior to proposing
approval of them. In this notice, the
EPA is announcing that the adequacy
process for these budgets begins, and
the public has 30 days to comment on
their adequacy, per the transportation
conformity rule at 40 CFR 93.118(f)(2)(i)
and (ii).
ADEQ developed budgets for 2020,
2030 and 2037 using on-road motor
vehicle emission estimates using the
EPA’s MOVES3 model fleet data from
Arizona Motor Vehicle Division
registration data, and travel demand
modeling from the Yuma Metropolitan
Planning Organization (YMPO). As
documented in a separate
memorandum 80 included in the docket
for this rulemaking, we preliminarily
conclude that the budgets in the Yuma
Maintenance Plan meet each adequacy
criterion. While adequacy and approval
are two separate actions, reviewing the
budgets in terms of the adequacy criteria
informs the EPA’s decision to propose
to approve the budgets. We have
completed our detailed review and are
TABLE 3—PROPOSED MOTOR VEHICLE proposing to approve the demonstration
EMISSIONS BUDGETS FOR THE YUMA of maintenance for the 2015 ozone area
through the year 2037. We have also
AREA
reviewed the budgets in the Yuma
[Pounds per ozone season day]
Maintenance Plan and found that they
are consistent with the maintenance
Budget year
VOC
NOX
demonstration for which we are
2020 ..................................
8,939
5,412 proposing approval, are clearly
2030 ..................................
4,908
2,747 identified and precisely quantified, are
2037 ..................................
I 4,222 I 2,390 based on control measures that have
Source: Yuma Maintenance Plan, Table 7– already been adopted and implemented
1.
and meet all other applicable statutory
and regulatory requirements including
which can be found at https://www.ecfr.gov/
the adequacy criteria in 40 CFR
current/title-40/chapter-I/subchapter-C/part-93.
93.118(e)(4) and (5). The EPA is
78 See the EPA adequacy website: https://
proposing to approve the budgets for
www.epa.gov/state-and-local-transportation/state2020, 2030, and 2037 as part of our
implementation-plans-sip-submissions-currentlyunder-epa.
79 See the EPA memorandum dated July 15, 2024,
titled: ‘‘Adequacy Documentation for Motor Vehicle
Emissions Budgets in the Yuma Maintenance Plan.’’
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80 See the EPA memorandum dated July 15, 2024,
titled: ‘‘Adequacy Documentation for Motor Vehicle
Emissions Budgets in the Yuma Maintenance Plan.’’
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87837
approval of the Yuma Maintenance
Plan. Once the EPA finalizes the
adequacy process or approves the
budgets as proposed (whichever occurs
first, noting that finalization of the
adequacy process and approval of the
budgets may also occur concurrently per
40 CFR 93.118(f)(2)(iii)), the budgets
must be used by YMPO for
transportation conformity
determinations for the Yuma area.
IV. Proposed Action and Request for
Public Comment
Under CAA section 110(k)(3), and for
the reasons set forth in this document,
the EPA is proposing to approve the
Yuma Maintenance Plan submitted by
ADEQ on December 27, 2023, as a
revision to the Arizona SIP,81 and to
redesignate the Yuma nonattainment
area to attainment for the 2015 ozone
NAAQS. We are proposing to approve
the maintenance demonstration and
contingency provisions as meeting all
applicable requirements for
maintenance plans and related
contingency provisions in CAA section
175A, and the budgets for 2020, 2030
and 2037 (shown in Table 4) for
transportation conformity purposes as
we find they meet all applicable criteria
for such budgets including the adequacy
criteria under 40 CFR 93.118(e). We are
soliciting comments on these proposed
actions. We will accept comments from
the public for 30 days following
publication of this proposal in the
Federal Register and will consider any
relevant comments before taking final
action.
V. Statutory and Executive Order
Review
Under the CAA, redesignation of an
area to attainment and the
accompanying approval of a
maintenance plan under section
107(d)(3)(E) are actions that affect the
status of a geographical area and do not
impose any additional regulatory
requirements on sources beyond those
imposed by State law. A redesignation
to attainment does not in and of itself
create any new requirements, but rather
results in the applicability of
requirements contained in the CAA for
areas that have been redesignated to
attainment. Moreover, the Administrator
is required to approve a SIP submission
that complies with the provisions of the
CAA 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 review State choices,
and approve those choices if they meet
81 Yuma Maintenance Plan (submitted
electronically December 27, 2023).
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Federal Register / Vol. 89, No. 214 / Tuesday, November 5, 2024 / Proposed Rules
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 proposed action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• 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 Clean Air Act;
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 VI of this proposal.
The EPA has identified Tribal areas
within the Yuma area covered by this
rulemaking that would be potentially
affected by this proposed action.
Specifically, the Cocopah Tribe of
Arizona and the Quechan Tribe of the
Fort Yuma Indian Reservation are
located within the boundaries of the
Yuma area.
The EPA has concluded that the final
rule may have Tribal implications for
these tribes for the purposes of
transportation conformity only, as this
document sets motor vehicle emissions
budgets for ozone precursors for the
Yuma area, which includes some Tribal
roads. The EPA has communicated with
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the potentially affected tribes located
within the boundaries of the Yuma
nonattainment area.82
Executive Order 12898 (Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations, 59 FR 7629,
Feb. 16, 1994) directs Federal agencies
to identify and address
‘‘disproportionately high and adverse
human health or environmental effects’’
of their actions on communities with
environmental justice (EJ) concerns to
the greatest extent practicable and
permitted by law. EPA defines EJ as
‘‘the fair treatment and meaningful
involvement of all people regardless of
race, color, national origin, or income
with respect to the development,
implementation, and enforcement of
environmental laws, regulations, and
policies.’’ EPA further defines the term
fair treatment to mean that ‘‘no group of
people should bear a disproportionate
burden of environmental harms and
risks, including those resulting from the
negative environmental consequences of
industrial, governmental, and
commercial operations or programs and
policies.’’
The air agency did not evaluate
environmental justice considerations as
part of its SIP submittal; the CAA and
applicable implementing regulations
neither prohibit nor require such an
evaluation. EPA did not perform an EJ
analysis and did not consider EJ in this
action. Due to the nature of the action
being taken here, this action is expected
to have a neutral to positive impact on
the air quality of the affected area.
Consideration of EJ is not required as
part of this action, and there is no
information in the record inconsistent
with the stated goal of E.O. 12898 of
achieving environmental justice for
communities with EJ concerns.
List of Subjects
40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Nitrogen dioxide, Reporting
and recordkeeping requirements, Sulfur
Dioxide, Volatile organic compounds.
82 Letter dated June 4, 2024, from Matthew Lakin,
Director, EPA Region IX to Sherry Cordova,
Chairwoman, Cocopah Tribe of Arizona, Subject:
‘‘Invitation to Consult on a Redesignation Request
and Maintenance Plan from the State of Arizona for
the 2015 Ozone National Ambient Air Quality
Standards (NAAQS),’’ and letter dated June 4, 2024
from Matt Lakin, Director, EPA Region IX to Jordan
Joaquin, President, Quechan Tribe of the Fort Yuma
Indian Reservation, Subject: ‘‘Invitation to Consult
on a Redesignation Request and Maintenance Plan
from the State of Arizona for the 2015 Ozone
National Ambient Air Quality Standards
(NAAQS).’’
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40 CFR Part 81
Environmental Protection, Air
pollution control.
Authority: 42 U.S.C. 7401 et seq.
Dated: October 29, 2024.
Martha Guzman Aceves,
Regional Administrator, Region IX.
[FR Doc. 2024–25575 Filed 11–4–24; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 665
[Docket No. 240220–0053240]
RIN 0648–BM01
Pacific Island Fisheries; Withdrawal of
Proposed Rule; Catch and Retention
Limits for Striped Marlin in the Western
and Central Pacific Ocean North of the
Equator
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; withdrawal.
AGENCY:
NMFS withdraws the
proposed rule for ‘‘Catch and Retention
Limits for Striped Marlin in the Western
and Central North Pacific Ocean North
of the Equator’’ that published in the
Federal Register on February 26, 2024.
This proposed rule was intended to
satisfy Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act) obligations to
address U.S. fishing vessels’ relative
impact on this internationally managed
stock that, based on a prior stock
assessment and domestic status
determination criteria, NMFS
determined was overfished. NMFS is
now withdrawing the proposed rule
because NMFS has determined the stock
is no longer overfished, not approaching
an overfished condition, and is
rebuilding, based on a more recent
assessment. Thus, the factual and legal
bases for the proposed rule no longer
apply.
SUMMARY:
The proposed rule published
February 26, 2024 (89 FR 14036) is
withdrawn as of November 5, 2024.
ADDRESSES: Copies of the Fishery
Ecosystem Plan for Pelagic Fisheries of
the Western Pacific (Pelagic FEP) are
available from the Western Pacific
Fishery Management Council (Council),
1164 Bishop St., Suite 1400, Honolulu,
HI 96813, tel. 808–522–8220, fax 808–
DATES:
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]]>Agencies
[Federal Register Volume 89, Number 214 (Tuesday, November 5, 2024)]
[Proposed Rules]
[Pages 87828-87838]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-25575]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[EPA-R09-OAR-2024-0339; FRL-12125-01-R9]
Air Plan Approval; Arizona; Yuma 2015 8-Hour Ozone Nonattainment
Area; Redesignation Request and Maintenance Plan
AGENCY: Environmental Protection Agency (EPA).
[[Page 87829]]
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve the State of Arizona's request to redesignate the Yuma
nonattainment area from nonattainment to attainment for the 8-hour
national ambient air quality standards (NAAQS or ``standard'') for
ozone promulgated in 2015 (``2015 ozone NAAQS''). The EPA is also
proposing to approve the ``SIP Revision: 2015 Ozone NAAQS, Yuma
Redesignation Request and Maintenance Plan'' (``Yuma Maintenance Plan''
or ``Plan'') as a revision to the State Implementation Plan (SIP) for
the State of Arizona. The Yuma 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 first ten-year maintenance period. With this
proposed rulemaking, the EPA is beginning the adequacy process for the
2020, 2030, and 2037 motor vehicle emissions budgets. The EPA is
proposing these actions because this SIP revision meets the applicable
Clean Air Act (CAA or ``the 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
Yuma 2015 ozone NAAQS nonattainment area (``Yuma area'').
DATES: Written comments must arrive on or before December 5, 2024.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2024-0339 at https://www.regulations.gov. For comments submitted at
Regulations.gov, follow the online instructions for submitting
comments. Once submitted, comments cannot be edited or removed from
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 a disability
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: Andrew Ledezma, Planning and Analysis
Branch (AIR-2), Air and Radiation Division, EPA Region IX, 75 Hawthorne
Street, San Francisco, CA 94105, (415) 972-3985, or by email at
[email protected].
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,''
and ``our'' refer to the EPA.
Table of Contents
I. Background
A. The 2015 Ozone National Ambient Air Quality Standards
B. The Yuma Area and Regulatory Actions
C. CAA and Regulatory Requirements for Redesignations and
Maintenance Plans
II. Submissions From the State of Arizona To Redesignate the Yuma
Area to Attainment for the 2015 Ozone NAAQS
A. Summary of State Submissions
B. CAA Procedural Requirements for Adoption and Submission of
SIP Revisions
III. Evaluation of Arizona's Redesignation Request for the Yuma Area
A. Evaluation of Whether the Yuma Area Has Attained the 2015
Ozone NAAQS
B. The Area Must Have a Fully Approved SIP Meeting the
Requirements Applicable for the Purposes of Redesignation Under
Section 110 and Part D of the CAA
C. The Area Must Show That the Improvement in Air Quality Is Due
to Permanent and Enforceable Emissions Reductions
D. The Area Must Have a Fully Approved Maintenance Plan Under
CAA Section 175A
IV. Proposed Action and Request for Public Comment
V. Statutory and Executive Order Review
I. Background
A. The 2015 Ozone National Ambient Air Quality Standards
Ground-level ozone pollution is formed from the reaction of
volatile organic compounds (VOC) and oxides of nitrogen
(NOX) in the presence of sunlight. These two pollutants,
referred to as ozone precursors, are emitted by many types of sources,
including on- and nonroad motor vehicles and engines, power plants and
industrial facilities, and smaller area sources such as lawn and garden
equipment and paints.
Scientific evidence indicates that adverse public health effects
occur following exposure to ozone, particularly in children and adults
with lung disease. Breathing air containing ozone can reduce lung
function and inflame airways, which can increase respiratory symptoms
and aggravate asthma or other lung diseases.\1\
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\1\ ``Fact Sheet--2008 Final Revisions to the National Ambient
Air Quality Standards for Ozone,'' dated March 2008.
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Under section 109 of the Act, the EPA promulgates NAAQS for
pervasive air pollutants, such as ozone. The NAAQS are concentration
levels the EPA has determined to be requisite to protect public health
and welfare. On February 8, 1979, the EPA established primary and
secondary NAAQS for ozone at 0.12 parts per million (ppm) averaged over
a 1-hour period.\2\ On July 18, 1997, the EPA revised the primary and
secondary standards for ozone to set the acceptable level of ozone in
the ambient air at 0.080 ppm averaged over an 8-hour period (``1997
ozone NAAQS'').\3\
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\2\ See 44 FR 8202 (February 8, 1979).
\3\ See 62 FR 38856. On April 30, 2004, the EPA designated and
classified areas of the country with respect to the 1997 ozone
NAAQS. See 69 FR 23858.
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In 2008, the EPA lowered the 8-hour ozone NAAQS to 0.075 ppm
(``2008 ozone NAAQS'') to revise the 1997 ozone NAAQS.\4\ Then, in
2015, the EPA lowered the primary and secondary 8-hour ozone NAAQS to
0.070 ppm (``2015 ozone NAAQS'' or ``standard'' \5\).\6\ Most recently,
in December 2020, the EPA finalized review of the ozone NAAQS,
retaining the form and level of the standards.\7\ As a result, no new
ozone area designations were triggered under the CAA, and therefore, no
new nonattainment area requirements will apply. This action pertains to
only the 2015 ozone NAAQS.
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\4\ 73 FR 16436 (March 27, 2008).
\5\ Since the primary and secondary 2015 ozone standards are the
same, we hereafter refer to them herein using the singular ``2015
ozone NAAQS'' or ``standard.''
\6\ 80 FR 65292 (October 26, 2015).
\7\ 85 FR 87256 (December 31, 2020). This proposed action
relates to the requirements for the 2015 ozone NAAQS. Information
regarding the December 31, 2020 retention of the prior 2015 ozone
NAAQS is provided for reference only.
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B. The Yuma Area and Regulatory Actions
Following promulgation of a new or revised NAAQS, the EPA is
required by the CAA to promulgate designations for areas throughout the
U.S. in accordance with section 107(a)(1) of the CAA. Effective August
3, 2018, the EPA
[[Page 87830]]
established the initial air quality designations for most areas in the
United States for the 2015 ozone NAAQS.\8\ The EPA designated the Yuma
area as ``Marginal'' nonattainment for the 2015 ozone NAAQS based on
monitoring data from 2014-2016. Areas classified as Marginal must
attain the NAAQS within three years of the effective date of the
nonattainment designation.\9\ The Yuma area covers 52 square miles in
the Sonoran Desert region of southwestern Arizona and is adjacent to
California and the international border with Mexico.\10\ In response to
the designation and classification of the Yuma area as a Marginal area,
Arizona submitted to the EPA revisions to its nonattainment new source
review (NNSR) program. The EPA approved the revisions and determined
that the NNSR program meets the applicable NNSR program requirements
for areas classified as Marginal nonattainment for the 2015 ozone
NAAQS.\11\ Arizona also submitted a plan titled ``Marginal Ozone Plan
for the Yuma Nonattainment Area'' and a technical supplement which
address the emissions inventory requirement in CAA section 182(a)(1)
and the emissions statement requirement in CAA section 182(a)(3). The
EPA approved the emissions inventory for the Yuma area on April 5,
2022,\12\ and the emissions statement on July 29, 2022.\13\
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\8\ 83 FR 25776 (June 4, 2018).
\9\ CAA section 181(a)(1), 40 CFR 51.1102 and 51.1103(a).
\10\ The Yuma nonattainment area is bounded on the north and
west by the Arizona state line, bounded on the south by the line of
latitude at 32[deg]39'20'' N, bounded on the east by the line of
longitude 114[deg]33'50'' W, and excluding the section 10, 11, and
12 of township T9S, R23W and any portion in Indian Country. See 40
CFR 81.303.
\11\ 89 FR 22963 (April 3, 2024).
\12\ 87 FR 19629 (April 5, 2022).
\13\ 87 FR 45657 (July 29, 2022).
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On October 7, 2022, the EPA determined that the Yuma area attained
the 2015 ozone NAAQS by August 3, 2021, the attainment deadline
specified by the Act, with a design value of 0.068 ppm.\14\ The EPA
relied on 2018-2020 quality-assured, certified ambient ozone data in
making the determination that the Yuma area had attained the NAAQS by
the applicable date.
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\14\ 87 FR 60897 (October 7, 2022). The design value for the
2015 ozone NAAQS is the fourth-highest daily maximum 8-hour average
concentration of ozone averaged over a three-year period. 40 CFR
part 50, appendix U.
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C. CAA and Regulatory Requirements for Redesignations and Maintenance
Plans
The CAA establishes the criteria that must be met for the EPA to
redesignate a nonattainment area to attainment for a given NAAQS.
Specifically, section 107(d)(3)(E) sets forth the following criteria:
(1) the EPA must determine that the area has attained the applicable
NAAQS; (2) the EPA must have a fully approved SIP for the area under
CAA section 110(k); (3) the EPA must determine that the improvement in
air quality is due to permanent and enforceable reductions in
emissions; (4) the EPA must have fully approved a maintenance plan for
the area as meeting the requirements of CAA section 175A; and, (5) the
State must have met all requirements applicable to the area under
section 110 and title I, part D (``part D'') of the CAA. Section 110
identifies a comprehensive list of elements that must be included in
SIPs, and part D establishes the SIP requirements for nonattainment
areas. Part D is divided into six subparts. The generally applicable
SIP requirements for nonattainment areas are found in subpart 1 of part
D, and the ozone-specific SIP requirements are found in subpart 2 of
part D. The EPA provided guidance on redesignations in a document
titled ``State Implementation Plans; General Preamble for the
Implementation of title I of the Clean Air Act Amendments of 1990,''
published in the Federal Register on April 16, 1992,\15\ and
supplemented on April 28, 1992 \16\ (collectively referred to herein as
the ``General Preamble''). The EPA issued additional guidance in two
memoranda: a September 4, 1992 memorandum from John Calcagni, titled
``Procedures for Processing Requests to Redesignate Areas to
Attainment'' (``Calcagni memo''); \17\ and a 1995 memorandum from Mary
D. Nichols, titled ``Part D New Source Review (part D NSR) Requirements
for Areas Requesting Redesignation to Attainment'' (``Nichols
memo'').\18\
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\15\ 57 FR 13498 (April 16, 1992).
\16\ 57 FR 18070 (April 28, 1992).
\17\ Memorandum dated September 4, 1992, from John Calcagni, Air
Quality Management Division, U.S. EPA, to Regional Air Directors,
Regions I-X, Subject: ``Procedures for Processing Requests to
Redesignate Areas to Attainment,'' available at https://www.epa.gov/sites/default/files/2016-03/documents/calcagni_memo_-_procedures_for_processing_requests_to_redesignate_areas_to_attainment_090492.pdf.
\18\ Memorandum dated October 14, 1994, from Mary D. Nichols,
Assistant Administrator, U.S. EPA, to EPA Regional Air Directors,
Region I-X, Subject: ``Part D New Source Review (part D NSR)
Requirements for Areas Requesting Redesignation to Attainment,''
available at https://www.epa.gov/sites/default/files/2015-07/documents/101494m.pdf.
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The EPA's approval of a State's maintenance plan is one of the CAA
prerequisites for redesignation of a nonattainment area to attainment.
Section 175A of the CAA provides the general framework for a State's
maintenance plans. A State's initial 10-year maintenance plan must
provide for maintenance of the NAAQS for at least 10 years after
redesignation and include any additional control measures necessary to
ensure such maintenance. In addition, maintenance plans must contain
contingency provisions necessary to assure the prompt correction of a
violation of the NAAQS during the maintenance period. At a minimum,
these contingency provisions must include a requirement that a State
will implement all control measures contained in the nonattainment SIP
prior to redesignation. Because a State's maintenance plan submittals
are SIP revisions, the EPA is obligated under CAA section 110(k) to
approve them or disapprove them depending upon whether they meet the
applicable CAA requirements for such plans outlined above.
For the reasons described in section III of this proposal, the EPA
is proposing to approve the Yuma Maintenance Plan and approve Arizona's
request for redesignation of the Yuma area to attainment for the 2015
ozone NAAQS. The EPA's proposed approvals are based on our conclusion
that Arizona has satisfied all the criteria under CAA section
107(d)(3)(E).
II. Submissions From the State of Arizona To Redesignate the Yuma Area
to Attainment for the 2015 Ozone NAAQS
A. Summary of State Submissions
On December 27, 2023, the Arizona Department of Environmental
Quality (ADEQ) submitted to the EPA its redesignation request and the
Yuma Maintenance Plan as a revision to the Arizona SIP.\19\ This
document addresses all of the CAA section 107(d)(3)(E) requirements for
redesignating a nonattainment area to attainment for the NAAQS and
includes the required maintenance plan elements. The Yuma Maintenance
Plan is organized into eight chapters and two appendices. Appendix A of
the Plan provides technical support for the emissions inventory, and
appendix B of the Plan contains the procedural requirements and
authority to implement the Yuma Maintenance Plan.
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\19\ Letter dated December 27, 2023, from Hether Krause, Deputy
Assistant Director, ADEQ, to Martha Guzman, Regional Administrator,
EPA Region IX.
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[[Page 87831]]
B. CAA Procedural Requirements for Adoption and Submission of SIP
Revisions
CAA sections 110(a) and 110(l) require a State to provide
reasonable public notice and opportunity for public hearing prior to
the adoption and submission of a SIP revision to the EPA. To meet this
procedural requirement, a State must include evidence that it provided
adequate public notice and an opportunity for a public hearing,
consistent with the EPA's implementing regulations in 40 CFR 51.102.
ADEQ's December 27, 2023 SIP submittal includes documentation of
the public process conducted by ADEQ in its adoption the Yuma
Maintenance Plan.\20\ On November 15, 2023, ADEQ released a draft
version of the plan for public review and published a notice of public
meeting to be held on December 15, 2023, to consider the adoption of
the Yuma Maintenance Plan. ADEQ adopted the Yuma Maintenance Plan on
December 15, 2023, following a public hearing, as documented in the
public hearing presiding officer certification \21\ and public hearing
transcript.\22\ Based on the documentation in the December 27, 2023 SIP
submittal, ADEQ has satisfied the applicable statutory and regulatory
requirements for reasonable public notice and hearing prior to adoption
and submission of the Plan. Therefore, the submission of the Yuma
Maintenance Plan meets the procedural requirements for public notice
and hearing in CAA sections 110(a) and 110(l) and in 40 CFR 51.102.
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\20\ ADEQ submitted a signed version of its ``Notice of Public
Hearing'' published online, and in print in The Arizona Republic on
November 14 and 15, 2023 and in the Yuma Sun on November 14, 2023.
\21\ ADEQ submitted a signed version of the ``Public hearing
presiding officer certification,'' which certifies that ADEQ
conducted public hearing on December 15, 2023.
\22\ ADEQ submitted a written transcript of the public hearing
conducted on December 15, 2023, in which the Yuma Maintenance Plan
was adopted.
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On June 23, 2024, the Yuma Maintenance Plan became complete by
operation of law pursuant to CAA section 110(k)(1)(B).\23\
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\23\ For more information regarding the completeness criteria as
per CAA section 110(k)(1)(A) and 40 CFR part 51, appendix V, see the
completeness checklist in the Yuma Maintenance Plan, v-viii.
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III. Evaluation of Arizona's Redesignation Request for the Yuma Area
A. Evaluation of Whether the Yuma Area Has Attained the 2015 Ozone
NAAQS
1. Statutory and Regulatory Requirements
Pursuant to section 107(d)(3)(E)(i) of the CAA, for a nonattainment
area to be redesignated to attainment, the EPA must determine that the
area has attained the relevant NAAQS. The EPA interprets this
requirement to mean that the area must have an attaining design value
based on the most recently available and quality-assured air quality
monitoring data, collected in accordance with the requirements of 40
CFR part 58.\24\ These requirements include quality assurance
procedures for monitor operation and data handling, siting parameters
for instruments or instrument probes, and minimum ambient air quality
monitoring network requirements.\25\ State, local, or Tribal agencies
that operate air monitoring sites in accordance with 40 CFR part 58
must enter the ambient air quality data from these sites in the EPA Air
Quality System (AQS) database.\26\ These monitoring agencies certify
annually that these data are accurate to the best of their knowledge,
taking into consideration the quality assurance findings.\27\
Accordingly, the EPA relies primarily on AQS data when determining the
attainment status of an area.
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\24\ 57 FR 13948 at 13563 (April 12, 1992).
\25\ 40 CFR 58.2(a).
\26\ 40 CFR 58.16. AQS is the EPA's national repository of
ambient air quality data.
\27\ 40 CFR 58.15(a).
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In accordance with 40 CFR part 50, appendix U, the EPA's finding of
attainment of the 2015 ozone NAAQS must be based upon complete,
certified data gathered at monitoring sites in the nonattainment area
in accordance with 40 CFR part 58 and entered into AQS.\28\ Under 40
CFR 50.19 and in accordance with part 50, appendix U, an area meets the
2015 ozone NAAQS when the design value at each eligible monitoring site
within the area is less than or equal to 0.070 ppm, based on the
calculations set forth in 40 CFR part 50, appendix U.\29\
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\28\ 40 CFR part 50, appendix U, section 3.
\29\ The 2015 ozone NAAQS design value is the annual fourth-
highest daily maximum 8-hour average ozone concentration, averaged
over three years.
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To have a valid design value showing attainment of the ozone
standard at a given monitoring site, the ambient air quality data must
meet data completeness or substitution requirements for each year under
consideration. The completeness requirements are met when at least 90
percent of the days in the ozone season are complete,\30\ on average,
for the three-year period, with a minimum of at least 75 percent of the
complete days within the ozone monitoring period in any one year.\31\
When computing whether the minimum data completeness requirements have
been met, meteorological or ambient data may be sufficient to
demonstrate that meteorological conditions on missing days were not
conducive to concentrations above the level of the 2015 ozone NAAQS.
Missing days assumed less than the level of the 2015 ozone NAAQS are
counted for the purpose of meeting the minimum data completeness
requirements, subject to the approval of the Regional
Administrator.\32\
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\30\ Ozone season refers to seasons of the year that are
conducive to ozone formation, identified on a state-by-state basis
per 40 CFR part 58, appendix D 4.1(i), table D-3. The Yuma
Maintenance Plan identifies their high ozone season as April to
September. Yuma Maintenance Plan, 9.
\31\ 40 CFR part 50, appendix U, section 4.b.
\32\ 40 CFR part 50, appendix U, section 4.c.
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2. Monitoring Network Review, Quality Assurance, and Data Completeness
ADEQ is the governmental agency with the authority and
responsibilities under the State's laws for collecting ambient air
quality data in the Yuma area. As a result, ADEQ submits annual
monitoring network plans to the EPA.\33\ These plans document the
status of ADEQ's air monitoring network, as required under 40 CFR
58.10. The EPA reviews these annual network plans for compliance with
the specific requirements in 40 CFR part 58. With respect to ozone, we
have found that the annual network plans submitted by ADEQ met these
requirements under 40 CFR part 58, including the minimum monitoring
requirements.\34\ Yuma Supersite (AQS ID No. 04-027-8011) is the only
ozone monitor in the Yuma area.
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\33\ We have included in the docket for this rulemaking, EPA
reviews of ADEQ annual network plans and the correspondence
transmitting this review, e.g., from Dena Vallano, Manager,
Monitoring and Analysis Section, EPA Region IX, to Daniel
Czecholinski, Air Division Director, ADEQ.
\34\ See e.g., ``Arizona Air Monitoring Network Plan for the
Year 2023,'' Tables 2.1-10 and 2.1-11, ``Minimum Monitoring
Requirements for O3.''
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In accordance with 40 CFR 58.15, ADEQ certifies annually that the
previous years' ambient concentration and quality assurance data are
completely submitted to AQS and that
[[Page 87832]]
the ambient concentration data are accurate, taking into consideration
the quality assurance findings.\35\ Along with the certification
letters, ADEQ submits a summary of the precision and accuracy data for
all ambient air quality data.\36\ The EPA's evaluations of the relevant
quality assurance data are reflected in the associated AQS design value
reports.\37\ These reports include a certification evaluation and
concurrence (``Cert&Eval'') flag indicating the overall quality of the
corresponding monitoring data. Over the period of 2021-2023, the
associated Cert&Eval flag in the design value report was ``Y'' for the
monitoring site in the Yuma area,\38\ meaning that ``[t]he certifying
agency has submitted a certification letter, and EPA has no unresolved
reservations about data quality (after reviewing the letter, the
attached summary reports, the amount of quality assurance data
submitted to AQS, the quality statistics, and the highest reported
concentrations).'' \39\
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\35\ We have included in our docket ADEQ's annual data
certifications for 2020-2022. Annual data certification requirements
can be found at 40 CFR 58.15.
\36\ 40 CFR 58.15(c).
\37\ AQS, Design Value Report (AMP480), dated February 21, 2024.
\38\ In 2021, the one-point quality control check requirement
was not met. ADEQ did not complete the required number of checks
throughout the year. However, according to 40 CFR part 58, appendix
A, section 1.2.3, failure to conduct or pass a required check or
procedure, or a series of required checks or procedures, does not by
itself invalidate data for regulatory decision making.
\39\ AQS, Design Value Report (AMP480), dated February 21, 2024.
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The Yuma area Design Value Report also included a validity
indicator (``Y'') that reflects whether the design value is valid
(i.e., calculated using data that meet the applicable completeness
criteria). For the purposes of this proposal, we reviewed the data for
the 2021-2023 period for completeness and determined that the ozone
data collected by ADEQ met the completeness criterion at the ozone
monitoring site in the Yuma area.\40\
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\40\ Id.
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Finally, the EPA conducts regular technical system audits (TSAs)
where we review and inspect State and local ambient air monitoring
programs to assess compliance with applicable regulations concerning
the collection, analysis, validation, and reporting of ambient air
quality data. For the purposes of this proposal, we reviewed the
findings from the EPA's 2021 TSA of ADEQ's ambient air monitoring
program.\41\ In Finding 4 of the 2021 TSA, the EPA noted that ADEQ did
not report all valid measurement quality checks to AQS as required by
the CFR. ADEQ conducted nightly zero/precision/span checks on its ozone
analyzers with certified transfer standards but did not report these to
AQS. In the past, the rationale for not reporting these checks was that
the stability was not tracked or was questionable given the limited
time for the zero/precision/span to occur, (i.e., 11:45 p.m.-12:15
a.m.). To address this finding, as of October 2023, ADEQ has begun to
submit nightly ozone precision checks to AQS. The EPA did not recommend
invalidating any data from the monitoring site in the Yuma area based
on this TSA.
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\41\ Technical Systems Audit of the Ambient Air Monitoring
Program: Arizona Department of Environmental Quality, February 8-12,
2021; Final Report dated April 2022 (``2021 TSA''). The 2021 TSA is
attached to its transmittal letter dated April 7, 2022, from
Elizabeth J. Adams, EPA Region IX, to Bradley Busby, Manager, ADEQ.
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In summary, based on the EPA's reviews of the relevant monitoring
network plans, certifications, quality assurance data, and the 2021
TSA, we propose to find that the ozone data collected in the Yuma area
are suitable for determining whether the area has attained the 2015 8-
hour ozone NAAQS based on the most recent certified data available in
AQS.
3. Evaluation of Attainment
Table 1 shows the calculated 2015 ozone design values at the Yuma
Supersite monitor (AQS ID No. 04-027-8011). The data show that the
monitor in the Yuma area met the 2015 ozone NAAQS in the 2020-2022
period. In addition, preliminary data for 2024 shows that the Yuma
Supersite monitor is attaining the 2015 ozone NAAQS.\42\
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\42\ See ``AQS Quicklook Report,'' dated October 1, 2024,
available in the docket for this proposed rule. At the Yuma
Supersite, available data for 2024 on includes the first and second
quarter of the year (January through June). Based on that first and
second quarter, the fourth-highest 8-hour ozone concentration so far
in 2014 is 0.068 ppm.
Table 1--Yuma Supersite Monitor (AQS ID No. 04-027-8011) Design Value
for the 2015 Ozone NAAQS From 2008-2022
[Parts per million (ppm)] \a\
------------------------------------------------------------------------
Year Design value
------------------------------------------------------------------------
2010.................................................... 0.073
2011.................................................... 0.073
2012.................................................... 0.077
2013.................................................... 0.076
2014.................................................... 0.077
2015.................................................... 0.076
2016.................................................... 0.074
2017.................................................... 0.072
2018.................................................... 0.071
2019.................................................... 0.071
2020.................................................... 0.068
2021.................................................... 0.067
2022.................................................... 0.068
2023.................................................... 0.070
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\a\ Source: AQS, Design Value Report, dated May 1, 2024.
Consequently, based upon three complete, quality assured and
certified data from 2021-2023, the EPA proposes to determine that the
Yuma area has attained and continues to attain the 2015 ozone NAAQS.
B. The Area Must Have a Fully Approved SIP Meeting the Requirements
Applicable for the Purposes of Redesignation Under Section 110 and Part
D of the CAA
Sections 107(d)(3)(E)(ii) and (v) of the CAA require the EPA to
determine that the area has a fully approved applicable SIP under CAA
section 110(k) that meets all applicable requirements under section 110
and part D for the purposes of redesignation. We interpret the
references to the ``applicable implementation plan'' and ``applicable
requirements'' in section 107(d)(3)(E)(ii) and in 107(d)(3)(E)(v),
respectively, to mean that a SIP must be fully approved only with
respect to requirements that are applicable for purposes of
redesignation. The CAA section 110 and part D requirements that are
linked to a particular nonattainment area's designation and
classification (except those directly related to attainment) are the
relevant measures to evaluate in reviewing a redesignation request.
Requirements that apply regardless of the designation of an area of a
State are not applicable requirements for the purpose of redesignation,
and the State will remain subject to these requirements after the
nonattainment area is redesignated to attainment.\43\ The EPA may rely
on prior SIP approvals in
[[Page 87833]]
approving a redesignation request \44\ as well as any additional
measure or element it may approve in conjunction with a redesignation
action.\45\
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\43\ See the Calcagni memo; memorandum dated September 17, 1993,
from Michael Shapiro, Acting Assistant Administrator for Air and
Radiation, Subject: ``State Implementation Plan (SIP) Requirements
for Areas Submitting Requests for Redesignation to Attainment of the
Ozone and Carbon Monoxide (CO) National Ambient Air Quality
Standards (NAAQS) on or after November 15, 1992,''; 60 FR 12459,
12465-66 (March 7, 1995) (redesignation of Detroit-Ann Arbor,
Michigan); 68 FR 25418, 25424-25427 (May 12, 2003) (redesignation of
St. Louis, Missouri); and Sierra Club v. EPA, 375 F.3d 537, 541 (7th
Cir. 2004) (upholding EPA's redesignation rulemaking applying this
interpretation).
\44\ Calcagni memo, 3; Wall v. EPA, 265 F.3d 426, 438 (6th Cir.
2001).
\45\ Calcangi memo, 3; 68 FR 25418, 25426 (May 12, 2003).
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1. State Implementation Plan Requirements Under Section 110
The general SIP elements and requirements set forth in CAA section
110(a)(2) include, but are not limited to, the following: (1) submittal
of a SIP that has been adopted by the State after reasonable public
notice and hearing; (2) provisions for establishment and operation of
appropriate procedures needed to monitor ambient air quality; (3)
implementation of a source permitting program; (4) provisions for the
implementation of part C requirements for prevention of significant
deterioration (PSD); (5) provisions for the implementation of part D
requirements for nonattainment new source review permit programs; (6)
provisions for air pollution modeling; and (7) provisions for public
and local agency participation in planning and emission control rule
development.
On numerous occasions, Arizona has submitted, and the EPA has
approved provisions addressing the basic CAA section 110 provisions.
The Arizona SIP contains enforceable emissions limitations, requires
monitoring, compiling, and analyzing of ambient air quality data;
requires preconstruction review of new or modified stationary sources;
provides for adequate funding, staff, and associated resources
necessary to implement its requirements; and provides the necessary
assurances that the State maintains responsibility for ensuring that
the CAA requirements are satisfied in the event that local or regional
agencies are unable to meet their CAA obligations. Most recently, on
September 4, 2024, the EPA finalized a partial approval and partial
disapproval of SIP revisions submitted by the State of Arizona with
respect to the requirements of CAA section 110(a)(2) for the 2015 ozone
NAAQS.\46\ Specifically, the EPA partially disapproved the SIP
revisions for CAA requirements in sections 110(a)(2)(C) (program for
enforcement of control measures and regulation of new stationary
sources), 110(a)(2)(D)(i)(II) (interference with maintenance of the
NAAQS in any other State, or ``prong 3''), 110(a)(2)(D)(ii) (interstate
pollution abatement, CAA section 126), and 110(a)(2)(J) (PSD and
visibility protection). The deficiencies are adequately addressed by
existing Federal implementation plans.
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\46\ 89 FR 71830 (September 4, 2024).
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In conclusion, we find that there are no outstanding or disapproved
applicable SIP submittals that prevent redesignation of the Yuma area
for the 2015 ozone NAAQS. Therefore, we propose to conclude that the
State has met all SIP requirements for the Yuma area that are
applicable for purposes of redesignation under section 110 of the CAA.
2. State Implementation Plan Requirements Under Part D
Part D of the CAA establishes the plan requirements for
nonattainment areas. Section 172(c) in subpart 1 of part D sets forth
the basic requirements of air quality plans for States with
nonattainment areas that are required to submit plans on a schedule
pursuant to CAA section 172(b). Subpart 2 of part D, which includes
section 182 of the CAA, establishes specific requirements for ozone
nonattainment areas depending on the areas' nonattainment
classifications. The Yuma area is classified as Marginal nonattainment
for the 2015 ozone NAAQS, and thus, the area is subject to the subpart
1 requirements contained in CAA sections 172(c) and 176, as well as CAA
section 182(c). A thorough discussion of the requirements contained in
sections 172(c) and 182(c) can be found in the ``General Preamble for
Implementation of Title I of the Clean Air Act Amendments of 1990.''
\47\
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\47\ 57 FR 13498 (April 16, 1992).
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CAA requirements for ozone nonattainment areas are cumulative in
that ``Extreme'' areas must also meet the applicable requirements for
the four lesser classifications: Marginal, ``Moderate,'' ``Serious,''
and ``Severe.'' Because the Yuma area was classified as Marginal
nonattainment for ozone, the area is only required to meet the
applicable Marginal ozone requirements.\48\ Since its classification as
a Marginal nonattainment area, the State has adopted and the EPA has
approved into the Arizona SIP the following Marginal area requirements
for the Yuma area with respect to the 2015 ozone NAAQS: emissions
inventories,\49\ emissions statements,\50\ and nonattainment new source
review programs.\51\
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\48\ The requirements can be found in CAA section 182(a).
\49\ 87 FR 19629 (April 5, 2022).
\50\ 87 FR 45657 (July 29, 2022).
\51\ 89 FR 22963 (April 3, 2024).
---------------------------------------------------------------------------
In conclusion, we find that the Yuma area has a fully approved SIP
under CAA section 110(k) that satisfies the criterion for redesignation
under sections 107(d)(3)(E)(ii) and (v) of the CAA.
C. The Area Must Show That the Improvement in Air Quality Is Due to
Permanent and Enforceable Emissions Reductions
To approve a redesignation to attainment, section 107(d)(3)(E)(iii)
of the CAA requires the EPA to determine that the improvement in air
quality is due to emissions reductions that are permanent and
enforceable, and that the improvement results from the implementation
of the applicable SIP, applicable Federal air pollution control
regulations, and other permanent and enforceable regulations. Under
this criterion, a State must be able to reasonably attribute the
improvement in air quality to permanent and enforceable emissions
reductions. Attainment resulting from temporary reductions in emissions
(e.g., reduced production or shutdown due to temporary adverse economic
conditions) or unusually favorable meteorology would not qualify as an
air quality improvement due to permanent and enforceable emissions
reductions.\52\
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\52\ Calcagni memo, 4.
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ADEQ found that the Yuma area has demonstrated that the observed
air quality improvements with respect to the 2015 ozone NAAQS are due
to enforceable emissions reductions through the implementation of
Federal vehicle standards, engine standards, and rules for boilers,
reciprocating internal combustion engines, and electrical utility
generation units. ADEQ found that, within the Yuma area, Federal
regulations have been the primary measures contributing to permanent
and enforceable emissions reductions, leading to attainment of the
NAAQS.\53\
---------------------------------------------------------------------------
\53\ Yuma Maintenance Plan, 28-32.
---------------------------------------------------------------------------
The Federal motor vehicle program and Federal fuel standards for
sulfur content in diesel have contributed to attainment of the 2015
ozone NAAQS in the Yuma area by reducing VOC and NOX.\54\
Federal tier 2 and 3 motor vehicle standards implemented from 2004 to
2014 helped to reduce on-road mobile source VOC and NOX
emissions in the Yuma area through increasingly stringent emissions
standards. Federal sulfur content standards for diesel fuel were
implemented in conjunction with the Federal motor vehicle program
standards. Sulfur occurs naturally in gasoline and interferes with the
operation of catalytic converters on vehicles, which results in higher
NOX
[[Page 87834]]
emissions. Lower sulfur content fuel has reduced sulfur dioxide
(SO2) emissions and allowed pollution control equipment to
operate more effectively to reduce emissions of other pollutants as
well.
---------------------------------------------------------------------------
\54\ Yuma Maintenance Plan, 28-31.
---------------------------------------------------------------------------
Federal nonroad and stationary standards also contributed to
attainment of the 2015 ozone NAAQS. Nonroad spark-ignition and
recreational engine standards implemented between 2003 and 2020 have
contributed to a 72 percent reduction in VOCs and an 80 percent
reduction in NOX.\55\ The boiler and reciprocating internal
combustion engines national emissions standards for hazardous air
pollutants (NESHAPs), as well as the utility mercury and air toxics
standards (MATS) and new source performance standards (NSPS) rules for
electricity generating units also have contributed to VOC and
NOX reductions in the Yuma area.\56\ Taken together, these
Federal programs contributed to VOC and NOX emissions
reductions in the Yuma area.
---------------------------------------------------------------------------
\55\ Id.
\56\ Id.
---------------------------------------------------------------------------
With respect to the connection between the emissions reductions and
the improvement in air quality, we also conclude that the air quality
improvement in the Yuma area is due to permanent and enforceable
emissions reductions and not the result of temporary or impermanent
factors such as local economic downturn, temporary emissions
reductions, or unusual or extreme weather patterns. Our conclusion is
based on the observation that the ozone design value for the Yuma area
has been below 0.070 ppm, the level of the 2015 ozone NAAQS, since
2020.\57\ In sum, ambient ozone concentrations in the Yuma area have
been consistently below the NAAQS since 2020 and have not been subject
to large swings and disparate observations that might result from a
sudden facility closure or an extreme weather pattern.
---------------------------------------------------------------------------
\57\ Yuma Maintenance Plan, Figure 2-2.
---------------------------------------------------------------------------
In conclusion, we find that the improvement in ambient air quality
in the Yuma area is due to permanent and enforceable reductions in
emissions of VOC and NOX, resulting from control measures
such as (1) Federal vehicle standards and (2) stationary source control
measures. Therefore, we propose to find that Arizona has satisfied the
criterion for redesignation set forth at CAA section 107(d)(3)(E)(iii).
D. The Area Must Have a Fully Approved Maintenance Plan Under CAA
Section 175A
Section 107(d)(3)(E)(iv) of the CAA requires, as a pre-condition to
being redesignated from nonattainment to attainment, that the
Administrator has fully approved a maintenance plan for the area as
meeting the requirements of section 175A of the Act.
Section 175A of the CAA sets forth the elements of a maintenance
plan for areas seeking redesignation from nonattainment to attainment.
The maintenance plan is a SIP revision that provides for maintenance of
the relevant NAAQS in the area for at least 10 years after
redesignation. The Calcagni memo, dated September 4, 1992, provides
additional guidance on the required content of a maintenance plan.
A maintenance plan should address the following five areas: the
attainment emissions inventory, maintenance demonstration, monitoring
network, verification of continued attainment, and a contingency plan.
The attainment emissions inventory identifies the emissions level in
the area that is sufficient to attain the 2015 ozone NAAQS based on
emissions during a three-year period which had no monitored violations.
To demonstrate maintenance of the 2015 ozone NAAQS, ADEQ has projected
the attainment emissions inventory through the first maintenance period
and ensured that it was less than or equal to the inventory at the time
of attainment. A maintenance plan must also include provisions for
continued operation of an appropriate air quality monitoring network.
The State must show how it will track and verify the progress of the
maintenance plan. Finally, the maintenance plan must include a list of
potential contingency measures which ensure prompt correction of any
violation of the 2015 ozone NAAQS. Based on our review and evaluation
of the Yuma Maintenance Plan, as described in the following sections,
we are proposing to approve the Plan as meeting the requirements of CAA
section 175A.
1. Attainment Inventories and Projected Future Inventories
A maintenance plan should include an ``attainment emissions
inventory'' of ozone precursors in the area to identify a level of
emissions sufficient to attain the NAAQS.\58\ The attainment emissions
inventory should be consistent with the EPA's most recent guidance on
emissions inventories for nonattainment areas available at the time it
was developed and should represent emissions during the timeframe
associated with the ambient air quality monitoring data showing
attainment of the NAAQS. The attainment inventory will generally be the
actual inventory during the time period that the area attained the
standard. The EPA has provided guidance for developing ozone emissions
inventories in ``Emissions Inventory Guidance for Implementation of
Ozone and Particulate Matter National Ambient Air Quality Standards
(NAAQS) and Regional Haze Regulations''.\59\
---------------------------------------------------------------------------
\58\ Calcagni memo, 8-9.
\59\ ``Emissions Inventory Guidance for Implementation of Ozone
and Particulate Matter National Ambient Air Quality Standards and
Regional Haze Regulations,'' EPA-454/B-17-002, May 2017.
---------------------------------------------------------------------------
ADEQ selected 2020 as the base year for the attainment inventory in
the Yuma Maintenance Plan. The Yuma area attained the 2015 ozone NAAQS
in 2020, and therefore, the emissions inventory from 2020 represents
emissions levels consistent with continued attainment (i.e.,
maintenance) of the NAAQS. We consider the selection of the 2020 base
year inventory to be appropriate given that it was the most recent
emissions inventory associated with the reporting schedule required
under the Air Emissions Reporting Requirements rule at the time of
development of the Plan.
Table 2 presents the VOC and NOX emissions estimates
contained in the Yuma Maintenance Plan for 2020 and presents the Plan's
projected emissions inventories of ozone precursors for an interim year
(2030) and the maintenance plan's horizon year (2037).\60\
---------------------------------------------------------------------------
\60\ The maintenance plan horizon year refers to the final year
of the maintenance period covered by the plan.
[[Page 87835]]
Table 2--Yuma Area 2020 and Projected 2030 and 2037 VOC and NOX Ozone Season Day Emissions
[Pounds per day] \a\
--------------------------------------------------------------------------------------------------------------------------------------------------------
2020 2030 2037
Emissions source -----------------------------------------------------------------------------------------------
VOC NOX VOC NOX VOC NOX
--------------------------------------------------------------------------------------------------------------------------------------------------------
Point................................................... 104 1,662 1,384 4,628 1,384 4,628
Nonpoint................................................ 5,754 1,410 6,281 1,556 6,738 1,660
Mobile--Nonroad......................................... 1,792 1,620 1,720 923 1,754 782
Mobile--On-road......................................... 8,939 5,412 4,908 2,747 4,222 2,390
-----------------------------------------------------------------------------------------------
Total \b\........................................... 16,589 10,104 14,293 9,854 14,098 9,460
--------------------------------------------------------------------------------------------------------------------------------------------------------
\a\ Source: Yuma Maintenance Plan, 43.
\b\ Emissions have been added to the Mobile--On-road emissions source category to account for safety margins added to proposed motor vehicle emissions
budget. See the Yuma Maintenance Plan, page 50.
The data shown in Table 3 in this document is based on the EPA's
2020 national emissions inventory (NEI). The inventory addresses point
sources,\61\ nonpoint sources,\62\ nonroad mobile sources,\63\ and on-
road mobile sources. Appendix A to the Yuma Maintenance Plan contains
source-specific descriptions of emissions calculation procedures and
sources of input data.
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\61\ For the Yuma Maintenance Plan, ``point sources'' include
rock crusher/screener plants, electricity generation facilities,
paper mills, gas filling stations, and vapor extraction units.
\62\ For the Yuma Maintenance Plan, ``nonpoint sources'' include
biogenic emissions, dry cleaning, surface coating, residential and
industrial fuel combustion, and open burning.
\63\ For the Yuma Maintenance Plan, ``Mobile--Nonroad sources''
includes agricultural, commercial, lawn and garden, pleasure craft,
railroad, and recreational nonroad mobile sources.
---------------------------------------------------------------------------
The EPA has reviewed the emissions inventory submitted by ADEQ and
proposes to conclude that the Plan's inventory is based on reasonable
assumptions and methodologies, and that the inventory is comprehensive,
current, accurate, and consistent with applicable CAA provisions and
the Calcagni memo. Therefore, we are proposing that the inventory is
acceptable for use in demonstrating maintenance of the 2015 ozone
NAAQS.
2. Maintenance Demonstration
Section 175A(a) of the CAA requires that the maintenance plan
``provide for the maintenance of the national primary ambient air
quality standard for such air pollutant in the area concerned for at
least 10 years after the redesignation.'' A State may generally
demonstrate maintenance of the NAAQS by either showing that future
emissions of a pollutant or its precursors will not exceed the level of
the attainment inventory, or by conducting modeling that shows that the
future mix of sources and emissions rates will not cause a violation of
the NAAQS.\64\ Assumptions concerning emissions rates in maintenance
demonstrations should generally reflect permanent, enforceable
measures.\65\ Therefore, the analysis should assume that sources are
operating at permitted levels (or historic peak levels), unless
evidence is presented that such an assumption is unrealistic.\66\
---------------------------------------------------------------------------
\64\ Calcagni memo, 9-11.
\65\ Calcagni memo, 9.
\66\ Id. at 4. See also, memorandum dated November 30, 1993,
from Kent D. Berry, Acting Director, Air Quality Management
Division, EPA, Subject: ``Use of Actual Emissions in Maintenance
Demonstrations for Ozone and Carbon Monoxide (CO) Nonattainment
Areas.''
---------------------------------------------------------------------------
The Yuma Maintenance Plan demonstrates maintenance of the 2015
ozone NAAQS for a ten-year period beginning in 2027. ADEQ used the 2020
NEI and the Motor Vehicle Emission Simulator (MOVES) version 3.1 as the
baseline to develop growth factors for point, nonpoint, mobile on-road,
and mobile nonroad sources. For point sources, ADEQ used permitted
potential to emit (PTE) levels of emissions, except for the Arizona
Public Service (APS) Yucca Power Plant. ADEQ argues that, for the APS
Yucca Power Plant, permitted PTE is calculated by assuming the facility
would burn fuel oil at maximum capacity, overestimating emissions from
the facility. ADEQ argues that the facility runs primarily on natural
gas and burns little fuel oil each year.\67\ Therefore, ADEQ used
historic high emissions from 2018 for the baseline. We agree that this
method for estimating emissions from APS Yucca Power Plant is
consistent with EPA guidance. For nonpoint sources, ADEQ used the 2020
NEI held constant, or multiplied by a projection factor based on
population.\68\ ADEQ used MOVES 3.1 to model future on-road emissions,
using Arizona Department of Transportation vehicle registration data
and MOVES defaults.\69\ ADEQ used the EPA defaults for Yuma County and
applied a population allocation factor to apportion the county-wide
nonroad mobile source emissions to the Yuma nonattainment area. ADEQ
also used MOVES to model future nonroad mobile source emissions.
---------------------------------------------------------------------------
\67\ For the year 2018, the APS Yucca Power Plant utilized 99.3
percent natural gas and 0.7 percent fuel oil. For a demonstration
and justification for this estimation method, see the Yuma
Maintenance Plan, appendix A, section A8.1, A-54.
\68\ Yuma Maintenance Plan, appendix A, A-41, A-42.
\69\ Yuma Maintenance Plan, appendix A, A-42-A-50.
---------------------------------------------------------------------------
Table 2 compares the VOC and NOX emissions estimated for
the Yuma area for 2020 with those projected for 2030 and 2037 by source
category. The projected VOC and NOX emissions show that VOC
and NOX emissions are projected to remain below the
attainment levels throughout the 10-year period following
redesignation.
3. Monitoring Network
Once an area has been redesignated, the State should continue to
operate an appropriate air quality monitoring network in accordance
with 40 CFR part 58 to verify the attainment status of the area.\70\
Data collected by the monitoring network are also needed to determine
if the contingency provisions of the maintenance plan are triggered.
ADEQ currently operates one ozone monitor (the Yuma Supersite monitor)
in the Yuma area.
---------------------------------------------------------------------------
\70\ Calcagni memo, 11.
---------------------------------------------------------------------------
In the Yuma Maintenance Plan \71\ ADEQ indicates its intention to
continue operation of an air quality monitoring network to verify
continued attainment of the 2015 ozone NAAQS.\72\ We approved ADEQ's
State and Local Air Monitoring Stations (SLAMS) air quality network in
their annual monitoring network plan for year 2023
[[Page 87836]]
on October 30, 2023, prior to ADEQ's submittal of the Yuma Maintenance
Plan.\73\ We find ADEQ's commitment for continued ambient ozone
monitoring set forth in the Yuma Maintenance Plan to be acceptable for
the purpose of verifying continued maintenance in the Yuma area.
---------------------------------------------------------------------------
\71\ Yuma Maintenance Plan, 43.
\72\ Although the Yuma Maintenance Plan is not explicit in this
regard, we presume that ADEQ's intention to continue operation of a
monitoring network indicates the agency's intention to do so
consistent with the EPA's monitoring requirements in 40 CFR part 58
(``Ambient Air Quality Surveillance'').
\73\ The EPA's requirements for annual review of monitoring
networks are no longer codified at 40 CFR 58.20(d) but are now found
at 40 CFR 58.10.
---------------------------------------------------------------------------
4. Verification of Continued Attainment
Each State should ensure that it has the legal authority to
implement and enforce all measures necessary to maintain the NAAQS.\74\
---------------------------------------------------------------------------
\74\ Calcagni memo, 11.
---------------------------------------------------------------------------
ADEQ has the legal authority to implement and enforce the
requirements of the Yuma Maintenance Plan under title 49 of the Arizona
Revised Statutes, ``The Environment.'' This includes the authority to
adopt, implement, and enforce any emissions control contingency
measures determined to be necessary to correct 2015 ozone NAAQS
violations. To verify continued attainment, ADEQ committed to the
continued operation of an ozone monitoring network that meets the EPA
air quality surveillance requirements. In addition, ADEQ committed to
track the progress of the maintenance plan through continued
development and submission of periodic emissions inventories to the EPA
and review of the inventory to determine whether changes could affect
maintenance of the 2015 ozone NAAQS. These methods are sufficient for
the purpose of verifying continued attainment.
5. Contingency Provisions
Section 175A(d) of the CAA requires that maintenance plans contain
contingency provisions, as the EPA deems necessary, to promptly correct
any violations of the NAAQS that occur after redesignation of the area.
Such provisions must include a requirement that the State will
implement all measures with respect to the control of the air pollutant
concerned that were contained in the SIP prior to the area being
redesignated to attainment. These contingency provisions are
distinguished from contingency measures required for nonattainment
areas under CAA section 172(c)(9) in that they are not required to be
fully adopted measures that will take effect without further action by
the State for the maintenance plan to be approved. The contingency
provisions of a maintenance plan are, however, an enforceable part of
the SIP and should ensure that contingency measures are adopted
expeditiously once the Plan's contingency provisions are triggered by a
specified event. Thus, a State should identify the specific indicators
or triggers that will be used to determine when the contingency
measures need to be implemented. Next, the maintenance plan should
clearly identify the measures to be adopted, include a schedule and
procedure for adoption and implementation of the measures, and contain
a specific timeline for action by a State.
As required by section 175A of the CAA, ADEQ has adopted a
contingency plan to address possible future ozone air quality
problems.\75\ ADEQ identifies two triggers: a warning level response
and action level response. The warning level response would be
triggered if an annual 4th high monitored concentration is above the
level of the 2015 ozone NAAQS. This would initiate an analysis to
determine whether the high ozone concentrations indicate a trend
towards high ozone levels. The study would include an assessment of
meteorological conditions and an assessment of whether actual emissions
have deviated significantly from the emissions projections contained in
the maintenance plan, along with an evaluation of which source sectors
are responsible for emissions increases. The action level response
would be triggered if a certified design value exceeds the level of the
2015 ozone NAAQS. Within 18 months of the certified design value
exceedance, ADEQ commits to identify and implement necessary control
measures.
---------------------------------------------------------------------------
\75\ Yuma Maintenance Plan, 45-47.
---------------------------------------------------------------------------
Potential contingency measures listed in the maintenance plan are
those emissions controls or other measures that ADEQ may choose to
adopt and implement in response to the contingency trigger. The
contingency plan lists the following potential contingency provisions
that will be considered for adoption and implementation by the
applicable State agency, while the Plan indicates that the list is not
considered to be exhaustive:
Anti-idling control program for mobile sources, targeting
diesel vehicles;
Diesel exhaust retrofits;
Traffic flow improvements;
Park and ride facilities; and
Rideshare/carpool program.
Upon our review of the Plan, we find that the contingency
provisions in the Yuma Maintenance Plan clearly identify specific
contingency measures, contain sufficient tracking and triggering
mechanisms to determine when contingency provisions are needed, contain
an adequate description of the process of recommending and implementing
contingency measures, and contain specific timelines for action. Thus,
we conclude that the contingency provisions of the Yuma Maintenance
Plan are adequate to ensure prompt correction of a violation and
therefore comply with section 175A(d) of the Act.
6. Motor Vehicle Emissions Budgets
Section 176(c) of the CAA requires Federal actions in nonattainment
and maintenance areas to conform to the SIP's goals of eliminating or
reducing the severity and number of violations of the NAAQS and
achieving expeditious attainment of the standards. Conformity to the
SIP's goals means that such actions will not: (1) cause or contribute
to violations of the NAAQS, (2) worsen the severity of an existing
violation, (3) or delay timely attainment of any NAAQS or any interim
milestone.
Actions involving Federal Highway Administration (FHWA) or Federal
Transit Administration (FTA) funding or approval are subject to the
EPA's transportation conformity rule, codified in 40 CFR part 93,
subpart A. Under this rule, regional transit authorities in
nonattainment and maintenance areas coordinate with State and local air
quality and transportation agencies, the EPA, FHWA, and FTA to
demonstrate that an area's regional transportation plans and
transportation improvement programs conform to the applicable SIP. This
demonstration is typically done by showing that estimated emissions
from existing and planned highway and transit systems are less than or
equal to the motor vehicle emissions budgets (``budgets'') contained in
submitted or approved control strategy SIPs and maintenance plans.\76\
---------------------------------------------------------------------------
\76\ Control strategy SIPs refer to reasonable further progress
(RFP) and attainment demonstration SIPs. 40 CFR 93.101.
---------------------------------------------------------------------------
These control strategy SIPs and maintenance plans typically set
budgets for criteria pollutants and/or their precursors to address
pollution from cars and trucks. Budgets are generally established for
specific years and specific pollutants or precursors. Maintenance plan
submittals should identify budgets for transportation related VOC and
NOX emissions in the last year of the maintenance period.
For budgets in a maintenance plan to be approvable, they must meet,
at a minimum, the EPA's adequacy criteria.\77\ To meet these
requirements,
[[Page 87837]]
the budgets must be consistent, when considered with emissions from all
other sources, with maintenance of the NAAQS and reflect all the motor
vehicle control measures relied upon for the maintenance demonstration.
The EPA's process for determining adequacy of a budget consists of
three basic steps: (1) providing public notification of a SIP
submission; (2) providing the public the opportunity to comment on the
budgets during a public comment period; and (3) making a finding of
adequacy. The process for determining the adequacy of a submitted
budget is codified at 40 CFR 93.118(f). The EPA can notify the public
by either posting an announcement that the EPA has received SIP budgets
on the EPA's adequacy website,\78\ or via a Federal Register notice of
proposed rulemaking when the EPA reviews the adequacy of a maintenance
plan budget simultaneously with its review and action on the SIP
submittal itself.\79\
---------------------------------------------------------------------------
\77\ 40 CFR 93.118(e)(4) and (5). For more information on the
transportation conformity requirement and applicable policies on
budgets, which can be found at https://www.ecfr.gov/current/title-40/chapter-I/subchapter-C/part-93.
\78\ See the EPA adequacy website: https://www.epa.gov/state-and-local-transportation/state-implementation-plans-sip-submissions-currently-under-epa.
\79\ See the EPA memorandum dated July 15, 2024, titled:
``Adequacy Documentation for Motor Vehicle Emissions Budgets in the
Yuma Maintenance Plan.''
---------------------------------------------------------------------------
The Yuma Maintenance Plan contains VOC and NOX budgets
for 2020, 2030, and 2037. Any and all comments on the approvability of
the budgets should be submitted during the comment period stated in the
Dates section of this document.
The EPA proposes to approve the 2020, 2030, and 2037 budgets in the
Yuma Maintenance Plan for transportation conformity purposes. If the
EPA issues a final action to approve the budgets, these budgets must be
used in future transportation conformity determinations for the Yuma
area for the 2015 ozone standard.
The new budgets, if approved in the final rulemaking, will be
effective on the date of publication of the EPA's final rulemaking in
the Federal Register. The applicable VOC and NOX budgets for
the Yuma nonattainment area are defined in Table 3.
Table 3--Proposed Motor Vehicle Emissions Budgets for the Yuma Area
[Pounds per ozone season day]
------------------------------------------------------------------------
Budget year VOC NOX
------------------------------------------------------------------------
2020.................................................. 8,939 5,412
2030.................................................. 4,908 2,747
2037.................................................. 4,222 2,390
------------------------------------------------------------------------
Source: Yuma Maintenance Plan, Table 7-1.
The budgets are the on-road mobile source VOC and NOX
emissions for the Yuma area for 2020, 2030, and 2037. The budgets are
compatible with the 2020, 2030, and 2037 on-road mobile source VOC and
NOX emissions included in Yuma's 2020, 2030 and 2037
emissions inventories, as summarized in Table 2. The derivation of the
budget is thoroughly discussed in appendix A to the Yuma Maintenance
Plan.
We evaluated the budgets against our adequacy criteria in 40 CFR
93.118(e)(4) and (5) as part of our review of the budget's
approvability and expect to complete the adequacy review of the budgets
concurrent with our final action on the Yuma Maintenance Plan. The EPA
is not required under its transportation conformity rule to find
budgets adequate prior to proposing approval of them. In this notice,
the EPA is announcing that the adequacy process for these budgets
begins, and the public has 30 days to comment on their adequacy, per
the transportation conformity rule at 40 CFR 93.118(f)(2)(i) and (ii).
ADEQ developed budgets for 2020, 2030 and 2037 using on-road motor
vehicle emission estimates using the EPA's MOVES3 model fleet data from
Arizona Motor Vehicle Division registration data, and travel demand
modeling from the Yuma Metropolitan Planning Organization (YMPO). As
documented in a separate memorandum \80\ included in the docket for
this rulemaking, we preliminarily conclude that the budgets in the Yuma
Maintenance Plan meet each adequacy criterion. While adequacy and
approval are two separate actions, reviewing the budgets in terms of
the adequacy criteria informs the EPA's decision to propose to approve
the budgets. We have completed our detailed review and are proposing to
approve the demonstration of maintenance for the 2015 ozone area
through the year 2037. We have also reviewed the budgets in the Yuma
Maintenance Plan and found that they are consistent with the
maintenance demonstration for which we are proposing approval, are
clearly identified and precisely quantified, are based on control
measures that have already been adopted and implemented and meet all
other applicable statutory and regulatory requirements including the
adequacy criteria in 40 CFR 93.118(e)(4) and (5). The EPA is proposing
to approve the budgets for 2020, 2030, and 2037 as part of our approval
of the Yuma Maintenance Plan. Once the EPA finalizes the adequacy
process or approves the budgets as proposed (whichever occurs first,
noting that finalization of the adequacy process and approval of the
budgets may also occur concurrently per 40 CFR 93.118(f)(2)(iii)), the
budgets must be used by YMPO for transportation conformity
determinations for the Yuma area.
---------------------------------------------------------------------------
\80\ See the EPA memorandum dated July 15, 2024, titled:
``Adequacy Documentation for Motor Vehicle Emissions Budgets in the
Yuma Maintenance Plan.''
---------------------------------------------------------------------------
IV. Proposed Action and Request for Public Comment
Under CAA section 110(k)(3), and for the reasons set forth in this
document, the EPA is proposing to approve the Yuma Maintenance Plan
submitted by ADEQ on December 27, 2023, as a revision to the Arizona
SIP,\81\ and to redesignate the Yuma nonattainment area to attainment
for the 2015 ozone NAAQS. We are proposing to approve the maintenance
demonstration and contingency provisions as meeting all applicable
requirements for maintenance plans and related contingency provisions
in CAA section 175A, and the budgets for 2020, 2030 and 2037 (shown in
Table 4) for transportation conformity purposes as we find they meet
all applicable criteria for such budgets including the adequacy
criteria under 40 CFR 93.118(e). We are soliciting comments on these
proposed actions. We will accept comments from the public for 30 days
following publication of this proposal in the Federal Register and will
consider any relevant comments before taking final action.
---------------------------------------------------------------------------
\81\ Yuma Maintenance Plan (submitted electronically December
27, 2023).
---------------------------------------------------------------------------
V. Statutory and Executive Order Review
Under the CAA, redesignation of an area to attainment and the
accompanying approval of a maintenance plan under section 107(d)(3)(E)
are actions that affect the status of a geographical area and do not
impose any additional regulatory requirements on sources beyond those
imposed by State law. A redesignation to attainment does not in and of
itself create any new requirements, but rather results in the
applicability of requirements contained in the CAA for areas that have
been redesignated to attainment. Moreover, the Administrator is
required to approve a SIP submission that complies with the provisions
of the CAA 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
review State choices, and approve those choices if they meet
[[Page 87838]]
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
proposed action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
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 Clean Air Act; 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 VI of
this proposal.
The EPA has identified Tribal areas within the Yuma area covered by
this rulemaking that would be potentially affected by this proposed
action. Specifically, the Cocopah Tribe of Arizona and the Quechan
Tribe of the Fort Yuma Indian Reservation are located within the
boundaries of the Yuma area.
The EPA has concluded that the final rule may have Tribal
implications for these tribes for the purposes of transportation
conformity only, as this document sets motor vehicle emissions budgets
for ozone precursors for the Yuma area, which includes some Tribal
roads. The EPA has communicated with the potentially affected tribes
located within the boundaries of the Yuma nonattainment area.\82\
---------------------------------------------------------------------------
\82\ Letter dated June 4, 2024, from Matthew Lakin, Director,
EPA Region IX to Sherry Cordova, Chairwoman, Cocopah Tribe of
Arizona, Subject: ``Invitation to Consult on a Redesignation Request
and Maintenance Plan from the State of Arizona for the 2015 Ozone
National Ambient Air Quality Standards (NAAQS),'' and letter dated
June 4, 2024 from Matt Lakin, Director, EPA Region IX to Jordan
Joaquin, President, Quechan Tribe of the Fort Yuma Indian
Reservation, Subject: ``Invitation to Consult on a Redesignation
Request and Maintenance Plan from the State of Arizona for the 2015
Ozone National Ambient Air Quality Standards (NAAQS).''
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Executive Order 12898 (Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations, 59 FR 7629,
Feb. 16, 1994) directs Federal agencies to identify and address
``disproportionately high and adverse human health or environmental
effects'' of their actions on communities with environmental justice
(EJ) concerns to the greatest extent practicable and permitted by law.
EPA defines EJ as ``the fair treatment and meaningful involvement of
all people regardless of race, color, national origin, or income with
respect to the development, implementation, and enforcement of
environmental laws, regulations, and policies.'' EPA further defines
the term fair treatment to mean that ``no group of people should bear a
disproportionate burden of environmental harms and risks, including
those resulting from the negative environmental consequences of
industrial, governmental, and commercial operations or programs and
policies.''
The air agency did not evaluate environmental justice
considerations as part of its SIP submittal; the CAA and applicable
implementing regulations neither prohibit nor require such an
evaluation. EPA did not perform an EJ analysis and did not consider EJ
in this action. Due to the nature of the action being taken here, this
action is expected to have a neutral to positive impact on the air
quality of the affected area. Consideration of EJ is not required as
part of this action, and there is no information in the record
inconsistent with the stated goal of E.O. 12898 of achieving
environmental justice for communities with EJ concerns.
List of Subjects
40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Nitrogen dioxide, Reporting and recordkeeping requirements,
Sulfur Dioxide, Volatile organic compounds.
40 CFR Part 81
Environmental Protection, Air pollution control.
Authority: 42 U.S.C. 7401 et seq.
Dated: October 29, 2024.
Martha Guzman Aceves,
Regional Administrator, Region IX.
[FR Doc. 2024-25575 Filed 11-4-24; 8:45 am]
BILLING CODE 6560-50-P
