Quiero saber acerca de...

Federal Register / Vol. 86, No. 5 / Friday, January 8, 2021 / Proposed Rules
tkelley on DSKBCP9HB2PROD with PROPOSALS

defined in the Transportation Conformity rule, 93.101, must be clearly presented and demonstrated to be outside and above the emissions level demonstrating attainment, but below the threshold of the applicable NAAQS.
We have reviewed the motor vehicle emissions budget in the West Pinal County PM10 Plan and find that it does not meet applicable statutory and regulatory requirements including the adequacy criteria in 40 CFR
93.1118e4 and 5. The primary deficiency is that the submitted 2018
budget is not consistent with, or derived from, a demonstration of attainment and RFP meeting the requirements of the Act. As discussed earlier in sections III.D and III.E, we are proposing herein to disapprove the Plans attainment and RFP demonstrations. Therefore, we are proposing to disapprove the 2018
budget in the West Pinal County PM10
Plan. In addition, because we are disapproving the attainment and RFP
demonstrations, the 2018 budget is not eligible for a protective finding.85
If our proposed disapproval of the 2018 budget is finalized, upon the effective date of our final rule, the area would be subject to a conformity freeze under 93.120 of the Transportation Conformity rule. No transportation project outside of the first four years of the currently conforming transportation plan and transportation improvement plan TIP or that meets the requirements of 93.104f during the resulting conformity freeze may be found to conform until Arizona submits a new PM10 control strategy/attainment plan, the EPA finds the submitted budget adequate per 93.118 or approves the new control strategy/
attainment plan and conformity to the new control/strategy implementation plan is determined.86 Furthermore, if, as a result of our final disapproval action, the EPA imposes highway sanctions under section 179b1 of the Act two years from the effective date of our final rule, then the conformity status of the transportation plan and TIP will lapse on that date and no new transportation plan, TIP, or project may be found to conform until Arizona submits a new PM10 attainment plan, and conformity to this attainment plan is determined.87
IV. Proposed Action For the reasons discussed in this notice, under CAA section 110k3, the EPA is proposing to approve and disapprove the following portions of the 85 40

CFR 93.120a3.
CFR 93.120a2.
87 40 CFR 93.120a1.
86 40

VerDate Sep<11>2014

20:05 Jan 07, 2021

Jkt 253001

West Pinal County PM10 Plan, submitted by the State on December 21, 2015. Our proposed approval and disapproval actions are as follows:
We propose to approve the 2008
base year emissions inventory element for direct PM10 in the West Pinal County PM10 Plan as meeting the requirements of CAA sections 172c3 for the 1987
p.m.10 NAAQS;
We propose to disapprove the precursor demonstration in the West Pinal County PM10 Plan because the demonstration is inadequate to show that emissions reductions from all PM10
precursors do not contribute significantly to PM10 levels exceeding the NAAQS, as required by CAA
Section 189e for the 1987 p.m.10
NAAQS;
We propose to disapprove the RACM/RACT demonstration element in the West Pinal County PM10 Plan because it does not meet the requirements of CAA section 172c1
and section 189a1C for the 1987
p.m.10 NAAQS; furthermore, the deficiencies in the States precursor analysis mean that the State failed to establish in its RACM/RACT analysis that it was unnecessary to regulate PM10
precursor emissions;
We propose to disapprove the modeled attainment demonstration element for the 1987 p.m.10 NAAQS in the West Pinal County PM10 Plan because it does not meet the requirements of CAA section 189a1B and section 188c1 to demonstrate attainment of the 1987
p.m.10 NAAQS;
We propose to disapprove the RFP
demonstration element in the West Pinal County PM10 Plan because it does not meet the requirements of CAA
sections 172c2 for the 1987 p.m.10
NAAQS;
We propose to disapprove the quantitative milestones element in the West Pinal County PM10 Plan because it does not meet the requirements of CAA
section 189c1 for the 1987 p.m.10
NAAQS;
We propose to disapprove the contingency measures element of the West Pinal County PM10 Plan because it does not meet the requirements of CAA
section 172c9 for the 1987 p.m.10
NAAQS; and, We propose to disapprove the motor vehicle emissions budget in West Pinal County PM10 Plan for the attainment year of 2018 see Table 6
because it is not consistent with or derived from, approvable RFP or and attainment demonstrations for the 1987
PM10 NAAQS meeting the requirements of the Act.

PO 00000

Frm 00059

Fmt 4702

Sfmt 4702

1361

The EPA is soliciting public comments on the issues discussed in this proposed rule. We will accept comments from the public on this proposal for the next 30 days and will consider those comments before taking final action.
V. Statutory and Executive Order Reviews Additional information about these statutes and Executive orders can be found at http www.epa.gov/lawsregulations/laws-and-executive-orders.
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 was therefore not submitted to the Office of Management and Budget OMB for review.
B. Executive Order 13771: Reducing Regulations and Controlling Regulatory Costs This action is not an Executive Order 13771 regulatory action because SIP
approvals, including partial approvals, are exempted under Executive Order 12866.
C. Paperwork Reduction Act PRA
This action does not impose an information collection burden under the PRA because this action does not impose additional requirements beyond those imposed by state law.
D. 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 beyond those imposed by state law.
E. Unfunded Mandates Reform Act UMRA
This action does not contain any unfunded mandate as described in UMRA, 2 U.S.C. 15311538, and does not significantly or uniquely affect small governments. This action does not impose additional requirements beyond those imposed by state law.
Accordingly, no additional costs to state, local, or tribal governments, or to the private sector, will result from this action.
F. 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
E:FRFM08JAP1.SGM

08JAP1