Proposed Rule2023-03198
Finding of Failure To Attain the 1987 24-Hour PM10 Standards; Pinal County, Arizona
Primary source
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Published
February 15, 2023
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is proposing to determine that the West Pinal County, Arizona nonattainment area did not attain the 1987 24-hour national ambient air quality standards (NAAQS or "standards") for particulate matter with a diameter of 10 micrometers or smaller (PM<INF>10</INF>) by its December 31, 2022 "Serious" area attainment date. This proposal is based on the EPA's calculation of the preliminary PM<INF>10</INF> design value for the nonattainment area over the 2020-2022 period. If the EPA makes a final determination that West Pinal County has failed to attain the PM<INF>10</INF> NAAQS by its attainment date, the State will be required to submit a revision to the Arizona state implementation plan (SIP) that, among other elements, provides for expeditious attainment of the PM<INF>10</INF> standards and for a five percent annual reduction in the emissions of direct PM<INF>10</INF> or a PM<INF>10</INF> plan precursor pollutant in the nonattainment area.
Full Text
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<title>Federal Register, Volume 88 Issue 31 (Wednesday, February 15, 2023)</title>
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[Federal Register Volume 88, Number 31 (Wednesday, February 15, 2023)]
[Proposed Rules]
[Pages 9812-9816]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-03198]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2023-0035; FRL-10594-01-R9]
Finding of Failure To Attain the 1987 24-Hour PM10 Standards;
Pinal County, Arizona
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
determine
[[Page 9813]]
that the West Pinal County, Arizona nonattainment area did not attain
the 1987 24-hour national ambient air quality standards (NAAQS or
``standards'') for particulate matter with a diameter of 10 micrometers
or smaller (PM<INF>10</INF>) by its December 31, 2022 ``Serious'' area
attainment date. This proposal is based on the EPA's calculation of the
preliminary PM<INF>10</INF> design value for the nonattainment area
over the 2020-2022 period. If the EPA makes a final determination that
West Pinal County has failed to attain the PM<INF>10</INF> NAAQS by its
attainment date, the State will be required to submit a revision to the
Arizona state implementation plan (SIP) that, among other elements,
provides for expeditious attainment of the PM<INF>10</INF> standards
and for a five percent annual reduction in the emissions of direct
PM<INF>10</INF> or a PM<INF>10</INF> plan precursor pollutant in the
nonattainment area.
DATES: Any comments must arrive by March 17, 2023.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2023-0035 at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. For comments submitted at
<a href="http://Regulations.gov">Regulations.gov</a>, follow the online instructions for submitting
comments. Once submitted, comments cannot be edited or removed from
<a href="http://Regulations.gov">Regulations.gov</a>. 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 <a href="https://www.epa.gov/dockets/commenting-epa-dockets">https://www.epa.gov/dockets/commenting-epa-dockets</a>. 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: Ashley Graham, Air Planning Office
(AIR-2), EPA Region IX, 75 Hawthorne Street, San Francisco, CA 94105,
(415) 972-3877, <a href="/cdn-cgi/l/email-protection#e48396858c8589ca85978c88819d96a4819485ca838b92"><span class="__cf_email__" data-cfemail="5d3a2f3c353c30733c2e353138242f1d382d3c733a322b">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,''
and ``our'' refer to the EPA.
Table of Contents
I. Background and Regulatory Context
A. The 1987 PM<INF>10</INF> NAAQS
B. History of the West Pinal County Nonattainment Area
II. Proposed Determination and Associated Rationale
A. Applicable Statutory and Regulatory Provisions
B. Monitoring Network Review, Quality Assurance, and Data
Completeness
C. The EPA's Evaluation of Attainment
III. Consequences for a Serious PM<INF>10</INF> Nonattainment Area
Failing To Attain the Standards by the Attainment Date
IV. Summary of Our Proposed Action
V. Statutory and Executive Order Reviews
I. Background and Regulatory Context
A. The 1987 PM10 NAAQS
The EPA sets the NAAQS for certain ambient air pollutants,
including particulate matter, at levels required to protect public
health and welfare. For a given air pollutant, ``primary'' NAAQS are
those determined by the EPA as requisite to protect public health,
allowing an adequate margin of safety, and ``secondary'' standards are
those determined by the EPA as requisite to protect public welfare from
any known or anticipated adverse effects associated with the presence
of such air pollutant in the ambient air.\1\ The EPA revised the
primary and secondary NAAQS for particulate matter on July 1, 1987,
replacing standards for total suspended particulates with annual and
24-hour standards.\2\ An area attains the 24-hour PM<INF>10</INF>
primary and secondary standards of 150 micrograms per cubic meter
([mu]g/m\3\) when the expected number of days per calendar year with a
24-hour concentration exceeding the standards (referred to as an
``exceedance'') over a three-year period is equal to or less than
one.\3\ The annual PM<INF>10</INF> standards were revoked on October
17, 2006.\4\ Therefore, we refer herein to the 1987 24-hour
PM<INF>10</INF> standards as the ``PM<INF>10</INF> NAAQS.''
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\1\ CAA section 109(b).
\2\ 52 FR 24634.
\3\ An exceedance is defined as a daily value that is above the
level of the 24-hour standards, 150 [mu]g/m\3\, after rounding to
the nearest 10 [mu]g/m\3\ (i.e., values ending in five or greater
are to be rounded up). Consequently, a recorded value of 154 [mu]g/
m\3\ would not be an exceedance because it would be rounded to 150
[mu]g/m\3\; whereas, a recorded value of 155 [mu]g/m\3\ would be an
exceedance because it would be rounded to 160 [mu]g/m\3\. See 40 CFR
50.6 and 40 CFR part 50, Appendix K, section 1.0.
\4\ 71 FR 61144.
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B. History of the West Pinal County Nonattainment Area
On May 31, 2012, the EPA designated a portion of state lands in
Pinal County, Arizona (``West Pinal County'') as nonattainment for the
1987 PM<INF>10</INF> NAAQS based on 2006-2008 data.\5\ As a result of
the nonattainment designation, West Pinal County was classified as a
``Moderate'' PM<INF>10</INF> nonattainment area with an attainment date
of as expeditiously as practicable, but no later than December 31,
2018. The Arizona Department of Environmental Quality (ADEQ) submitted
a SIP revision intended to meet Moderate PM<INF>10</INF> nonattainment
requirements on December 21, 2015 (``2015 West Pinal Plan'').
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\5\ 77 FR 32024. The boundaries for the West Pinal County
PM<INF>10</INF> nonattainment area are described in 40 CFR 81.303.
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On June 24, 2020, the EPA determined that West Pinal County did not
attain the 1987 PM<INF>10</INF> NAAQS by December 31, 2018.\6\ Pursuant
to 188(b)(2), the area was reclassified to ``Serious'' nonattainment
with an attainment date of as expeditiously as practicable, but no
later than December 31, 2022.\7\
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\6\ 85 FR 37756.
\7\ Id.
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On January 8, 2021, the EPA proposed to disapprove the 2015 West
Pinal Plan.\8\ In response to the EPA's January 8, 2021 proposal, on
May 17, 2021, ADEQ withdrew the 2015 West Pinal Plan, with the
exception of several rules and statutes that had been approved into the
SIP in 2017.\9\ Consequently, the EPA did not finalize the actions
proposed on January 8, 2021, with respect to the Moderate area plan
requirements. Instead, on July 23, 2021, the EPA found that Arizona had
failed to submit a plan to address these requirements.\10\
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\8\ 86 FR 1347.
\9\ Letter dated May 17, 2021, from Daniel Czecholinski,
Director, Air Quality Division, ADEQ, to Deborah Jordan, Acting
Regional Administrator, EPA Region IX, Subject: ``RE: Withdrawal
from EPA Consideration of the 2015 Arizona State Implementation Plan
Revision: West Pinal County PM10 Nonattainment Area.''
\10\ 86 FR 38928.
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On May 31, 2022, ADEQ adopted and submitted the ``2022 Serious Area
Particulate Plan for PM-10 for the West Pinal County Nonattainment
Area'' (``2022 West Pinal Plan'' or ``Plan''),\11\ as
[[Page 9814]]
a revision to the Arizona SIP.\12\ In addition to addressing the
Moderate and Serious area plan requirements, the 2022 West Pinal Plan
included a request for an extension of the December 31, 2022 attainment
date pursuant to Clean Air Act (CAA) section 188(e). On November 30,
2022, the EPA issued a letter finding the 2022 West Pinal Plan complete
under CAA section 110(k).\13\ However, the EPA has not approved the
Plan or the attainment date extension request. Therefore, the maximum
Serious area attainment date for West Pinal County remains December 31,
2022.
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\11\ West Pinal PM<INF>10</INF> Plan, Appendix E, Exhibit 2,
Resolution to Adopt the 2022 Serious Area Particulate Plan for PM-10
for the West Pinal County Nonattainment Area.
\12\ Letter dated May 31, 2022, from Daniel Czecholinski,
Director, Air Quality Division, ADEQ, to Martha Guzman, Regional
Administrator, EPA Region IX, Subject: ``Arizona State
Implementation Plan Revision, Maricopa Association of Governments
2022 Serious Area Particulate Plan for PM-10 for the West Pinal
County Nonattainment Area.''
\13\ Letter dated November 30, 2022, from Elizabeth J. Adams,
Director, Air and Radiation Division, EPA Region IX, to Misael
Cabrera, Director, ADEQ, Subject: ``Completeness Finding for State
Implementation Plan (SIP) Submission for West Pinal County for the
1987 PM<INF>10</INF> National Ambient Air Quality Standards (NAAQS)
and Termination of Clean Air Act (CAA) Sanctions Clocks.''
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II. Proposed Determination and Associated Rationale
A. Applicable Statutory and Regulatory Provisions
Sections 179(c)(1) and 188(b)(2) of the CAA require the EPA to
determine whether a PM<INF>10</INF> nonattainment area attained by the
applicable attainment date, based on the area's air quality ``as of the
attainment date.'' Generally, this determination of whether an area's
air quality meets the PM<INF>10</INF> standards is based upon the most
recent three years of complete, certified data gathered at eligible
monitoring sites in accordance with 40 CFR part 58.\14\ The
requirements of 40 CFR part 58 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. State, local, or tribal agencies operating air
monitoring sites, in accordance with 40 CFR part 58, must enter the
ambient air quality data and associated quality assurance data from
these sites into the EPA's Air Quality System (AQS) database.\15\ These
monitoring agencies certify annually that these data are accurate to
the best of their knowledge, taking into consideration the quality
assurance findings.\16\ Accordingly, the EPA relies primarily on AQS
data when determining the attainment status of an area. In determining
whether data are suitable for regulatory determinations, the EPA uses a
``weight of evidence'' approach, considering the requirements of 40 CFR
part 58, Appendix A, and other documentation demonstrating overall
compliance with part 58.\17\
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\14\ 40 CFR part 50, Appendix K, section 2.3(a).
\15\ 40 CFR 58.16. AQS is the EPA's national repository of
ambient air quality data.
\16\ 40 CFR 58.15(a).
\17\ 40 CFR part 58, Appendix A, section 1.2.3.
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Ambient air quality data must generally meet data completeness
requirements for each year under consideration. The completeness
requirements are met when at least 75 percent of the scheduled sampling
days for each quarter have valid data.\18\ The data requirements for
showing that a monitor has failed an attainment test, and thus recorded
a violation of the PM<INF>10</INF> standards, are less stringent and
the 75 percent data capture requirement does not apply provided there
are sufficient data to unambiguously establish nonattainment of the
standards.\19\
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\18\ 40 CFR part 50, Appendix K, section 2.3.
\19\ 40 CFR part 50, Appendix K, section 2.3(a).
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Ambient air quality data that meet the applicable requirements are
used to calculate design values, which can be compared to the NAAQS.
The expected number of exceedances averaged over a three-year period at
any given monitor is known as the PM<INF>10</INF> design value for that
site. The PM<INF>10</INF> design value for the nonattainment area is
the highest design value from a monitor within that area. The
methodologies for calculating expected exceedances for the
PM<INF>10</INF> NAAQS are found in 40 CFR part 50, Appendix K, section
2.1(a).
B. Monitoring Network Review, Quality Assurance, and Data Completeness
The Pinal County Air Quality Control District (``Pinal County'') is
the governmental agency with the authority and responsibilities under
the State's laws for collecting ambient air quality data for West Pinal
County. Pinal County submits annual monitoring network plans to the
EPA.\20\ These plans discuss the status of the ambient air monitoring
network, as required under 40 CFR part 58. The EPA reviews these annual
network plans for compliance with specific requirements in 40 CFR part
58. With respect to PM<INF>10</INF>, the EPA has found that the annual
network plans submitted by Pinal County meet these requirements,
including minimum monitoring requirements.\21\
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\20\ We have included Pinal County's annual monitoring network
plans for the relevant years in the docket for this action.
\21\ We have included the EPA's letters acting on Pinal County's
annual monitoring network plans in the docket for this action.
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In accordance with 40 CFR 58.15, Pinal County certifies annually
that the previous year's ambient concentration and quality assurance
data are completely submitted to AQS and that the ambient concentration
data are accurate, taking into consideration the quality assurance
findings.\22\ Along with the certification letters, Pinal County
submits a summary of the precision and accuracy data for all ambient
air quality data.\23\ The deadlines for submission of quarter 4
(October through December) data and certification of the 2022 data have
not yet passed and these data have not yet been submitted and
certified. The 2022 data are therefore considered incomplete and
preliminary at the time of this proposal. However, we do not expect the
final certified data to differ significantly from the data reflected in
this proposal. Moreover, even if the 2022 data were to differ
significantly from the preliminary data, the end result would be the
same, as explained further in section II.C of this proposal.
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\22\ We have included Pinal County's annual data certifications
for 2020 and 2021 in the docket for this action.
\23\ See 40 CFR 58.15(c).
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The EPA AQS Design Value Report includes a validity indicator 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 2020-2022 period for
completeness and determined that, with the exception of the 2022
quarter 4 data that have not yet been submitted to AQS, the
PM<INF>10</INF> data collected by Pinal County meet the 75 percent
completeness criterion at the relevant monitoring sites.
Finally, the EPA conducts regular technical systems 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 2019 TSA of Pinal County's ambient air
monitoring program.\24\ None of the findings from the 2019 TSA were
cause for invalidation of any data from the relevant monitors.\25\
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\24\ EPA Region IX, Technical Systems Audit of the Ambient Air
Monitoring Program: Pinal County Air Quality Control District, April
1-3, 2019 (Final Report dated September 2019).
\25\ Id. We note that in September 2022, the EPA conducted a
subsequent TSA for Pinal County. We have not yet completed the
report summarizing the findings from the September 2022 TSA;
however, based on our preliminary review, none of the findings would
affect our proposed determination herein that the West Pinal County
area did not attain by the December 31, 2022 Serious area attainment
date.
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[[Page 9815]]
In summary, based on the relevant monitoring network plans,
certifications, and 2019 TSA, we propose to find that the
PM<INF>10</INF> data collected at the West Pinal monitoring sites are
suitable for determining whether West Pinal County attained the
PM<INF>10</INF> NAAQS by the applicable attainment date.
C. The EPA's Evaluation of Attainment
Table 1 provides the estimated number of PM<INF>10</INF>
exceedances in each of the years 2020-2022, and preliminary 2022
p.m.<INF>10</INF> design values expressed as a single value
representing the average expected exceedances over the three-year
period, 2020-2022, for all regulatory monitoring sites measuring
PM<INF>10</INF> within West Pinal County. As discussed in section II.B,
2022 quarter 4 data are not yet available in AQS; thus, those data are
not reflected in the table. The PM<INF>10</INF> data show that the
design values at multiple monitoring sites are greater than 1.0
estimated annual average exceedance of the 1987 24-hour PM<INF>10</INF>
NAAQS. Moreover, while preliminary 2022 data in AQS indicate
exceedances at several sites (as shown in Table 1), even if there were
zero exceedances in 2022, the 2020-2022 design value would exceed 1.0
at multiple monitoring sites. Consequently, the EPA proposes to
determine, based upon complete and quality-assured 2020 and 2021 data
and preliminary 2022 data, that West Pinal County did not attain the
1987 24-hour PM<INF>10</INF> NAAQS by the applicable attainment date of
December 31, 2022.
Table 1--2020-2022 PM10 Estimated Exceedances for the West Pinal Nonattainment Area
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PM10 estimated exceedances
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Monitoring site AQS site ID # 2020-2022
2020 2021 2022 * *
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Casa Grande Downtown............................ 04-021-0001-3 1.2 2 0 1.1
Stanfield....................................... 04-021-3008-3 4 4 2 3.3
Combs........................................... 04-021-3009-3 0 1 0 0.3
Pinal County Housing (aka Eleven Mile Corner)... 04-021-3011-3 1 3 0 1.3
Eloy............................................ 04-021-3014-3 2.2 3 0 1.7
Hidden Valley................................... 04-021-3015-3 59.6 24 14.1 32.6
Maricopa 1405................................... 04-021-3016-3 3 2 1 2
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Source: EPA AQS Design Value Report, AMP 480, dated January 5, 2023. (User ID: JCARLSTAD, Report Request ID:
2069517).
* PM10 estimated exceedances for 2022 reflect quarters 1-3 (i.e., January-September) only. The deadline for
submitting 2022 quarter 4 data to AQS is March 31, 2023. Thus, at the time this proposal was being developed,
the deadline for submitting quarter 4 (October-December) data had not yet passed and these data had not yet
been submitted to AQS.
III. Consequences for a Serious PM10 Nonattainment Area Failing To
Attain the Standards by the Attainment Date
The consequences for a Serious PM\10\ nonattainment area for
failing to attain the standards by the applicable attainment date are
set forth in CAA sections 179(d) and 189(d). Under section 179(d), a
state must submit a SIP revision for the area meeting the requirements
of CAA sections 110 and 172, the latter of which requires, among other
elements, a demonstration of attainment and reasonable further
progress, and contingency measures. CAA section 189(d) requires that
the SIP revision must provide for attainment of the standards and, from
the date of the SIP submittal until attainment, for an annual reduction
in the emissions of PM<INF>10</INF> or a PM<INF>10</INF> precursor
pollutant within the area of not less than five percent of the amount
of such emissions as reported in the most recent inventory prepared for
such area.
The requirement for a new attainment demonstration under CAA
section 189(d) also triggers the requirement for the SIP revision for
quantitative milestones under section 189(c) that are to be achieved
every three years until redesignation to attainment.
In addition, because the EPA has not yet approved a Moderate or
Serious area attainment plan for West Pinal County, the Moderate and
Serious area requirements also remain outstanding. The EPA anticipates
that Arizona's submission of an approvable Serious area and 189(d)
nonattainment plan would also satisfy the State's Moderate area
nonattainment plan obligations. For example, an approvable Serious area
nonattainment plan would satisfy the Act's requirements for imposing
best available control measures, including best available control
technology, which would presumably satisfy the less stringent Moderate
area requirements for reasonably available control measures, including
reasonably available control technology.
The new attainment date is set by CAA section 179(d)(3), which
relies upon section 172(a)(2) to establish a new attainment date but
with a different starting point than provided in section 172(a)(2).
Under section 179(d)(3), the new attainment date is the date by which
attainment can be achieved as expeditiously as practicable, but no
later than five years from the date of the final determination of
failure to attain, except that the EPA may extend the attainment date
for a period no greater than 10 years from the final determination,
considering the severity of nonattainment and the availability and
feasibility of pollution control measures. Lastly, section 189(d)
requires that the state submit the required SIP revision within 12
months after the applicable attainment date. In this case, if the EPA
finalizes this proposed rule, then the State of Arizona will be
required to submit a SIP revision that complies with sections 179(d)
and 189(d) within 12 months of December 31, 2022, i.e., by December 31,
2023.
IV. Summary of Our Proposed Action
In accordance with sections 179(c)(1) and 188(b)(2) of the CAA, the
EPA is proposing to determine that West Pinal County did not attain the
1987 24-hour PM<INF>10</INF> NAAQS by the applicable Serious area
attainment date of December 31, 2022. Our proposed determination that
West Pinal County failed to attain the PM<INF>10</INF> NAAQS is based
on complete and quality-assured 2020 and 2021 data and preliminary 2022
data. We are soliciting comment on this proposed finding.
If we finalize our action as proposed, Arizona will be required
under CAA sections 179(d) and 189(d) to submit a revision to the SIP
for West Pinal County that, among other elements,
[[Page 9816]]
demonstrates expeditious attainment of the standards within the time
period provided under CAA section 179(d), and that provides for an
annual reduction in the emissions of PM<INF>10</INF> or a
PM<INF>10</INF> precursor pollutant within the area of not less than
five percent until attainment. The SIP revision required under CAA
sections 179(d) and 189(d) would be due for submittal to the EPA no
later than December 31, 2023.
The EPA is soliciting public comments on the issues discussed in
this document. We will accept comments from the public on this proposal
until March 17, 2023 and will consider comments before taking final
action.
V. Statutory and Executive Order Reviews
Additional information about these statutes and Executive Orders
can be found at <a href="https://www.epa.gov/laws-regulations/laws-and-executive-orders">https://www.epa.gov/laws-regulations/laws-and-executive-orders</a>.
A. Executive Order 12866: Regulatory Planning and Review, and Executive
Order 13563: Improving Regulation and Regulatory Review
This action is not a significant regulatory action and therefore
was not submitted to the Office of Management and Budget (OMB) for
review.
B. Paperwork Reduction Act (PRA)
This action does not impose an information collection burden under
the provisions of the PRA because it does not contain any information
collection activities.
C. Regulatory Flexibility Act (RFA)
I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA. This
action will not impose any requirements on small entities. This
proposed action, if finalized, would require the State to adopt and
submit SIP revisions to satisfy CAA requirements and would not itself
directly regulate any small entities.
D. Unfunded Mandates Reform Act (UMRA)
This action does not contain any unfunded mandate of $100 million
or more, as described in UMRA (2 U.S.C. 1531-1538) and does not
significantly or uniquely affect small governments. This action itself
imposes no enforceable duty on any state, local, or tribal governments,
or the private sector. This action proposes to determine that West
Pinal County failed to attain the NAAQS by the applicable attainment
date. If finalized, this determination would trigger existing statutory
timeframes for the State to submit a SIP revision. Such a determination
in and of itself does not impose any federal intergovernmental mandate.
E. Executive Order 13132: Federalism
This action does not have federalism implications. It will not have
substantial direct effects on the states, on the relationship between
the national government and the states, or on the distribution of power
and responsibilities among the various levels of government.
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
This action does not have tribal implications as specified in
Executive Order 13175. As there are no federally recognized tribes
within West Pinal County,\26\ the proposed finding of failure to attain
the PM<INF>10</INF> NAAQS does not apply to tribal areas, and the
proposed rule would not impose a burden on Indian reservation lands or
other areas where the EPA or an Indian tribe has demonstrated that a
tribe has jurisdiction within West Pinal County. Thus, this proposed
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.
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\26\ Map of Federally-Recognized Tribes in EPA's Pacific
Southwest (Region IX) is available at <a href="https://www.epa.gov/tribal-pacific-sw/map-federally-recognized-tribes-epas-pacific-southwest-region-9">https://www.epa.gov/tribal-pacific-sw/map-federally-recognized-tribes-epas-pacific-southwest-region-9</a>.
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G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks
The EPA interprets Executive Order 13045 as applying only to those
regulatory actions that concern environmental health or safety risks
that the EPA has reason to believe may disproportionately affect
children, per the definition of ``covered regulatory action'' in
section 2-202 of the Executive Order. This proposed action is not
subject to Executive Order 13045 because the effect of this proposed
action, if finalized, would be to trigger additional planning
requirements under the CAA. This proposed action does not establish an
environmental standard intended to mitigate health or safety risks.
H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use
This proposed rule is not subject to Executive Order 13211, because
it is not a significant regulatory action under Executive Order 12866.
I. National Technology Transfer and Advancement Act (NTTAA)
This rulemaking does not involve technical standards.
J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
Executive Order 12898 establishes federal executive policy on
environmental justice. Its main provision directs federal agencies, to
the greatest extent practicable and permitted by law, to make
environmental justice part of their mission by identifying and
addressing, as appropriate, disproportionately high and adverse human
health or environmental effects of their programs, policies, and
activities on minority populations and low-income populations in the
United States. There is no information in the record indicating that
this action would be inconsistent with the stated goals of Executive
Order 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, Air pollution control, Incorporation by
reference, Particulate matter, Reporting and recordkeeping
requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: February 9, 2023.
Martha Guzman Aceves,
Regional Administrator, Region IX.
[FR Doc. 2023-03198 Filed 2-14-23; 8:45 am]
BILLING CODE 6560-50-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on February 15, 2023.
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