Rule2022-07056
Clean Air Plans; Base Year Emissions Inventories for the 2015 Ozone Standards; Arizona; Phoenix-Mesa and Yuma Nonattainment Areas
Primary source
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Published
April 5, 2022
Effective
May 5, 2022
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is approving, under the Clean Air Act (CAA), revisions to the Arizona state implementation plan (SIP) concerning the base year emissions inventory requirements for the Phoenix-Mesa ozone nonattainment area ("Phoenix-Mesa") and Yuma ozone nonattainment area ("Yuma") for the 2015 ozone national ambient air quality standards (NAAQS).
Full Text
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<title>Federal Register, Volume 87 Issue 65 (Tuesday, April 5, 2022)</title>
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[Federal Register Volume 87, Number 65 (Tuesday, April 5, 2022)]
[Rules and Regulations]
[Pages 19629-19631]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-07056]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2021-0638; FRL-9101-02-R9]
Clean Air Plans; Base Year Emissions Inventories for the 2015
Ozone Standards; Arizona; Phoenix-Mesa and Yuma Nonattainment Areas
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving, under
the Clean Air Act (CAA), revisions to the Arizona state implementation
plan (SIP) concerning the base year emissions inventory requirements
for the Phoenix-Mesa ozone nonattainment area (``Phoenix-Mesa'') and
Yuma ozone nonattainment area (``Yuma'') for the 2015 ozone national
ambient air quality standards (NAAQS).
DATES: This rule is effective May 5, 2022.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R09-OAR-2021-0638. All documents in the docket are
listed on the <a href="https://www.regulations.gov">https://www.regulations.gov</a> website. Although listed in
the index, some information is not publicly available, e.g.,
confidential business information (CBI) or other information whose
disclosure is restricted by statute. Certain other material, such as
copyrighted material, is not placed on the internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available through <a href="https://www.regulations.gov">https://www.regulations.gov</a>, or please
contact the person identified in the FOR FURTHER INFORMATION CONTACT
section for additional availability information. If you need assistance
in a language other than English or if you are a person with
disabilities who needs a reasonable accommodation at no cost to you,
please contact the person identified in the FOR FURTHER INFORMATION
CONTACT section.
FOR FURTHER INFORMATION CONTACT: Ben Leers, Air Planning Office (AIR-
2), EPA Region IX, (415) 947-4279, <a href="/cdn-cgi/l/email-protection#513d343423227f33343f113421307f363e27"><span class="__cf_email__" data-cfemail="5539303027267b37303b153025347b323a23">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,''
and ``our'' refer to the EPA.
Table of Contents
I. Proposed Action
II. Public Comments and EPA Responses
III. EPA Action
IV. Statutory and Executive Order Reviews
I. Proposed Action
On July 8, 2020, the Arizona Department of Environmental Quality
(ADEQ) submitted a revision to the Arizona SIP titled ``Maricopa
Association of Governments (MAG) 2020 Eight-Hour Ozone Plan'' (``2020
Phoenix-Mesa SIP Submittal''). The 2020 Phoenix-Mesa SIP Submittal
includes a 2017 baseline emissions inventory for Phoenix-Mesa developed
by the Maricopa Association of Governments. On December 22, 2020, ADEQ
submitted a revision to the Arizona SIP titled ``Marginal Ozone
[[Page 19630]]
Plan for the Yuma Nonattainment Area,'' and on July 1, 2021, ADEQ
provided a technical supplement to its December 22, 2020 SIP revision.
ADEQ's December 22, 2020 SIP revision and July 1, 2021 technical
supplement include a 2017 baseline emissions inventory for Yuma and are
herein referred to collectively as the ``2020 Yuma SIP Submittal.''
On October 22, 2021, the EPA proposed to approve the 2020 Phoenix-
Mesa SIP Submittal and 2020 Yuma SIP Submittal as meeting the ozone-
related baseline emissions inventory requirement for the Phoenix-Mesa
and Yuma ozone nonattainment areas, respectively, for the 2015 ozone
NAAQS.\1\ Our October 22, 2021 proposed rule also discussed the
following: Background on the 2015 ozone NAAQS; an overview of the
baseline emissions inventory requirements for the 2015 ozone NAAQS
under sections sections 172(c)(3) and 182(a)(1) of the CAA and under
the EPA's implementing regulations for the 2015 ozone NAAQS at 40 CFR
51.1315; an overview of ADEQ's SIP revisions submitted to meet the
ozone baseline emissions inventory requirement for Phoenix-Mesa and
Yuma; a discussion of the public notice and hearing procedures
conducted by ADEQ to meet the requirements of CAA sections 110(a)(1)
and 110(l) and 40 CFR 51.102; and our evaluation of ADEQ's SIP
submittals.
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\1\ 86 FR 58630.
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II. Public Comments and EPA Responses
The EPA's proposed action provided a 30-day public comment period.
During this period, we received no comments on our proposed rulemaking.
III. EPA Action
For the reasons described in our October 22, 2021 proposed action,
we are taking final action to approve the 2020 Phoenix-Mesa SIP
Submittal and 2020 Yuma SIP Submittal as meeting the ozone-related
baseline emissions inventory requirement for the Phoenix-Mesa and Yuma
ozone nonattainment areas for the 2015 ozone NAAQS. The emissions
inventories in the 2020 Phoenix-Mesa SIP Submittal and 2020 Yuma SIP
Submittal contain comprehensive, accurate, and current inventories of
actual emissions for all relevant sources in accordance with CAA
sections 172(c)(3) and 182(a).
IV. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, the EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves state law as meeting federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
<bullet> 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);
<bullet> Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
<bullet> 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.);
<bullet> 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);
<bullet> Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
<bullet> Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
<bullet> Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
<bullet> 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
<bullet> Does not provide the EPA with the discretionary authority
to address, as appropriate, disproportionate human health or
environmental effects, using practicable and legally permissible
methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where the EPA or an Indian tribe
has demonstrated that a tribe has jurisdiction. The Fort McDowell
Yavapai Nation, the Gila River Indian Community of the Gila River
Indian Reservation, the Tohono O'odham Nation of Arizona, and the Salt
River Pima Maricopa Indian Community of the Salt River Reservation have
areas of Indian country located within the Phoenix-Mesa nonattainment
area for the 2015 ozone NAAQS. The Cocopah Tribe of Arizona and the
Quechan Tribe of the Fort Yuma Indian Reservation have areas of Indian
country located within the Yuma nonattainment area for the 2015 ozone
NAAQS. In those areas of Indian country, this final rule does not have
tribal implications and will not impose substantial direct costs on
tribal governments or preempt tribal law as specified by Executive
Order 13175 (65 FR 67249, November 9, 2000).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. The EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by June 6, 2022. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Ozone, Reporting and
recordkeeping requirements, Volatile organic compounds.
[[Page 19631]]
Dated: March 29, 2022.
Martha Guzman Aceves,
Regional Administrator, Region IX.
For the reasons stated in the preamble, the EPA amends chapter I,
title 40 of the Code of Federal Regulations as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401, et seq.
Subpart D--Arizona
0
2. Section 52.120, paragraph (e), table 1 is amended:
0
a. Under the heading ``Part D Elements and Plans for the Metropolitan
Phoenix and Tucson Areas,'' by adding entries for ``SIP Revision:
Marginal Ozone Plan for the Yuma Nonattainment Area (dated December 17,
2020), excluding chapter D and appendix C'' and ``Supplemental
Information for the Yuma Ozone Marginal Non-Attainment Area State
Implementation Plan Emission Inventory (dated June 30, 2021)'' before
the entry for ``SIP Revision: Hayden Lead Nonattainment Area, excluding
Appendix C''; and
0
b. Under the heading ``Part D Elements and Plans for the Metropolitan
Phoenix and Tucson Areas'' by adding an entry for ``MAG 2020 Eight-Hour
Ozone Plan--Submittal of Marginal Area Requirements for the Maricopa
Nonattainment Area (dated June 2020), excluding the chapter titled
``Emissions Statements--CAA Section 182(a)(3)(B)'' '' after the entry
for ``Reasonably Available Control Technology (RACT) Analysis, Negative
Declaration and Rules Adoption''.
The additions read as follows:
Sec. 52.120 Identification of plan.
* * * * *
(e) * * *
Table 1--EPA-Approved Non-Regulatory and Quasi-Regulatory Measures
[Excluding certain resolutions and statutes, which are listed in tables 2 and 3, respectively] \1\
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Applicable geographic
Name of SIP provision or nonattainment area State/submittal date EPA approval date Explanation
or title/subject
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The State of Arizona Air Pollution Control Implementation Plan
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* * * * * * *
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Part D Elements and Plans (Other than for the Metropolitan Phoenix or Tucson Areas)
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SIP Revision: Marginal Ozone Plan Yuma 2015 8-hour December 22, 2020............ April 5, 2022, [INSERT Federal Register Adopted by the
for the Yuma Nonattainment Area ozone nonattainment CITATION]. Arizona Department
(dated December 17, 2020), area. of Environmental
excluding chapter D and appendix Quality on December
C. 22, 2020.
Supplemental Information for the Yuma 2015 8-hour July 1, 2021................. April 5, 2022, [INSERT Federal Register Submitted as a
Yuma Ozone Marginal Non- ozone nonattainment CITATION]. supplement to the
Attainment Area State area. SIP Revision:
Implementation Plan Emission Marginal Ozone Plan
Inventory (dated June 30, 2021). for the Yuma
Nonattainment Area
on July 1, 2021.
* * * * * * *
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Part D Elements and Plans for the Metropolitan Phoenix and Tucson Areas
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* * * * * * *
MAG 2020 Eight-Hour Ozone Plan-- Phoenix-Mesa 2015 8- July 8, 2020................. April 5, 2022, [INSERT Federal Register Adopted by the
Submittal of Marginal Area hour ozone CITATION]. Arizona Department
Requirements for the Maricopa nonattainment area. of Environmental
Nonattainment Area (dated June Quality on July 7,
2020), excluding the chapter 2020.
titled ``Emissions Statements--
CAA Section 182(a)(3)(B)''.
* * * * * * *
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\1\ Table 1 is divided into three parts: Clean Air Act Section 110(a)(2) State Implementation Plan Elements (excluding Part D Elements and Plans), Part
D Elements and Plans (other than for the Metropolitan Phoenix or Tucson Areas), and Part D Elements and Plans for the Metropolitan Phoenix and Tucson
Areas.
* * * * *
[FR Doc. 2022-07056 Filed 4-4-22; 8:45 am]
BILLING CODE 6560-50-P
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