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Federal Register / Vol. 86, No. 103 / Tuesday, June 1, 2021 / Proposed Rules also does not show attainment of the 1987 24-hour PM10 NAAQS and is therefore consistent with the proposed determination. We also reviewed preliminary data from the Yuma Supersite monitor for 2021, which is not a full year of data.23 As of March 31, 2021, there were no exceedances in 2021. We note, however, that even with no exceedances in 2021, given the number of expected exceedances in the certified year 2019, plus those in the preliminary year 2020, the 2021 threeyear preliminary design value violates the NAAQS and is therefore also consistent with our proposed determination.

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III. Proposed Action and Request for Public Comment Based on our proposed determination that the Yuma NAA is no longer attaining the 1987 24-hour PM10
NAAQS, we propose to rescind the clean data determination for the Yuma NAA and reinstate the requirements that were suspended under that determination. We anticipate that Arizonas submission of a new, approvable Moderate nonattainment plan in response to the SIP call discussed below would satisfy these obligations.
In addition, we propose to find, pursuant to CAA section 110k5, that the Arizona SIP is substantially inadequate to attain or maintain the 1987 24-hour PM10 NAAQS in the Yuma NAA. This proposed finding is based both on the most recent monitoring data discussed in section II of this document, as well as longer-term air quality trends in the Yuma NAA. In particular, we note that the Yuma NAA has had a violating design value for the 1987 24hour PM10 NAAQSs every year since issuance of the clean data determination in 2006.24 Collectively, these recent and longer term monitoring data indicate that the current Arizona SIP is substantially inadequate to attain or maintain the 1987 24-hour PM10
NAAQS in the Yuma NAA.
In order to address this inadequacy, we propose to issue a SIP call under CAA section 110k5, requiring the State to submit a SIP revision establishing that the Yuma NAA meets the applicable nonattainment plan requirements of the CAA for Moderate PM10 NAAs.25 These requirements 23 Id.
24 Id.
25 See CAA section 110k5 Any finding under this paragraph shall, to the extent the Administrator deems appropriate, subject the State to the requirements of this chapter to which the State was subject when it developed and submitted the plan for which such finding was made . . ..

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include: i An approved permit program for construction of new and modified major stationary sources; 26 ii a demonstration that the plan provides for attainment by no later than the applicable Moderate area attainment date or a demonstration that attainment by that date is impracticable; 27 iii provisions for the implementation of reasonably available control measures RACM and reasonably available control technology RACT; 28 iv quantitative milestones that will be used to evaluate compliance with the requirement to demonstrate reasonable further progress RFP; 29 v evaluation and regulation of PM10 precursors; 30 vi a description of the expected annual incremental reductions in emissions that will demonstrate RFP; 31 vii emissions inventories, as necessary; 32
viii other control measures besides RACM and RACT as may be needed for attainment; 33 ix contingency measures,34 and x a motor vehicle emissions budget for the purpose of determining the conformity of transportation programs and plans developed by state transportation agencies.35 The EPAs longstanding guidance on these statutory requirements is embodied in the The General Preamble for Implementation of Title I of the Clean Air Act CAA
Amendments. 36
We propose to require Arizona to submit this Moderate nonattainment plan SIP submission within 18 months of finalizing the SIP call, which is the maximum time permitted under CAA
110k5. This is longer than the original Moderate nonattainment plan submittal deadline of one year from the date of the 1990 CAA Amendments under CAA 189a2A, but is in line with the deadline specified in CAA
189a2B for other PM nonattainment 26 CAA

section 189a1A.
section 189a1B.
28 CAA section 189a1C.
29 CAA section 189c.
30 CAA section 189e.
31 CAA section 172c2.
32 CAA section 172c3.
33 CAA section 172c6.
34 CAA section 172c9.
35 40 CFR 93.102b1. Effective June 27, 2007
see 72 FR 32295, June 12, 2007, the EPA found adequate for transportation conformity purposes the motor vehicle emissions budgets in the Yuma PM10
Maintenance Plan August 2006. However, if we take final action to withdraw the clean data determination and issue a SIP call, we expect also to reverse our previous finding to a finding of inadequacy pursuant to 40 CFR 93.118f1vi. Our inadequacy finding for the motor vehicle emissions budget would require transportation agencies to determine conformity using interim emission tests pursuant to 40 CFR 93.119, instead of the current practice of using the past maintenance plan motor vehicle emissions budgets as part of a budgets test.
36 57 FR 13498 April 16, 1992.

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areas.37 Similarly, because the original maximum attainment date for this area was December 31, 1994 approximately four years from the original designation,38 we propose, pursuant to CAA 110k5, that the new attainment date shall be as expeditious as practicable, but no later than December 31, 2025.39 In line with this proposed attainment date, we propose to require implementation of RACM/RACT by no later than January 1, 2025.40 Lastly, in the event we finalize the above proposals, we propose to reverse our previous budget adequacy finding to a finding of inadequacy pursuant to 40
CFR 93.118f1vi.
The EPA is soliciting public comments on the issues discussed in this document. We will accept comments from the public on this proposal until the date listed in the DATES section above. We will consider these comments before taking final action.
IV. Statutory and Executive Order Reviews This action proposes a determination that the Yuma NAA is no longer attaining the 1987 PM10 NAAQS, based on the EPAs review of air quality data, and a SIP call under section 110k5 of the CAA. Upon a finding that a SIP is deficient, section 110k5 of the CAA
directs the Agency to require the state to correct the deficiency. Therefore, this action does not impose additional requirements beyond those required by the CAA itself. 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 13563 76 FR 3821, January 21, 2011;
Does not impose an information collection burden under the provisions
27 CAA

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37 CAA

section 189a2.
section 188c1.
39 CAA section 110k5, the Administrator may adjust any dates applicable under such requirements as appropriate except that the Administrator may not adjust any attainment date prescribed under part D of this subchapter, unless such date has elapsed.
40 Given that exceedances of the 1987 24-hour PM10 NAAQS in the Yuma NAA are often associated with high wind that could potentially qualify for treatment as natural events under the EPAs Exceptional Events Rule, we recommend RACM/RACT be fully implemented as early as January 1, 2023, so that anthropogenic sources would be reasonably controlled during the threeyear period preceding the proposed attainment date. See, e.g., 40 CFR 50.14b5ii The Administrator will consider high wind dust events to be natural events in cases where windblown dust is entirely from natural undisturbed lands in the area or where all anthropogenic sources are reasonably controlled . . ..
38 CAA

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