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tkelley on DSKBCP9HB2PROD with PROPOSALS

Federal Register / Vol. 86, No. 5 / Friday, January 8, 2021 / Proposed Rules attained the 24-hour PM10 NAAQS in a Moderate PM10 nonattainment area by the applicable attainment date and requires the EPA to make such a determination within six months after that date. If the EPA determines that a Moderate area has not attained the NAAQS by the relevant attainment date, then the area is reclassified as a Serious area by operation of law. On June 24, 2020, the EPA determined that the West Pinal County nonattainment area had not attained the 1987 24-hour PM10
NAAQS by December 31, 2018, the outermost permissible statutory attainment date for the area.6 This determination was based on our calculation of the PM10 design value for the West Pinal County nonattainment area over the 20162018 period, using complete, quality-assured, and certified PM10 monitoring data.
The basis for the EPAs June 24, 2020
finding of failure to attain the PM10
NAAQS and the margin by which the area failed to attain indicate that the Moderate plans modeled attainment demonstration, which incorrectly predicted attainment of the PM10
NAAQS by December 31, 2018, is not approvable. Because the modeled attainment demonstration is not approvable, as described in section III.D, other elements of the West Pinal County PM10 Plan that are dependent upon the modeled attainment demonstration are likewise not approvable, e.g., the emission controls imposed by the State to meet reasonably available control measure/reasonably available control technology RACM/RACT requirements based on the predicted sufficiency of those controls to result in attainment by the intended attainment date. If finalized as we propose, our disapproval of most elements of the Moderate plan will start sanctions and Federal implementation plan FIP clocks, which can be turned off by the EPAs approval of new plan elements for the PM10 NAAQS that correct the deficiencies within the Moderate plan.
With the EPAs reclassification of the West Pinal County area to Serious, Arizona now has an obligation to submit, by January 24, 2022, a nonattainment plan SIP revision that complies with the statutory and regulatory requirements for Serious PM10 nonattainment plans and that demonstrates attainment of the PM10
NAAQS as expeditiously as practicable, but no later than December 31, 2022.
Although reclassification of an area from Moderate to Serious does not eliminate a states obligation to meet Moderate area nonattainment plan 6 85

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B. CAA and Regulatory Requirements for Moderate PM10 Nonattainment Area SIPs Along with the new designations, classifications, and attainment dates, the Clean Air Act Amendments of 1990
established new nonattainment area planning requirements. The air quality planning requirements for Moderate PM10 nonattainment areas are set out in subparts 1 and 4 of the CAA, including sections 110, 172, and 189 of the statute.
We discuss these sections of the Act in more detail later during our review of each plan element. Also, the EPA has issued guidance, in a document we refer to as the General Preamble, describing how we will review state nonattainment plan SIP submissions under Title I of the CAA, including such SIP
submissions for Moderate PM10
nonattainment areas.7 In general, states must include the following elements in nonattainment plans for Moderate areas for purposes of the 1987 24-hour PM10
NAAQS: A comprehensive, accurate, and current emissions inventory of emissions sources in the nonattainment area; provisions to implement RACM/
RACT for the appropriate sources and pollutants in the nonattainment area;
provisions demonstrating reasonable further progress RFP, including quantitative milestones towards attainment of the PM10 NAAQS as expeditiously as practicable, along with quantitative milestones for evaluation of RFP at set times; contingency measures that will provide for additional emissions reductions automatically in the event that the state fails to meet RFP
or to attain the NAAQS by the applicable attainment date in the area;
and, a motor vehicle emissions budget for the purpose of determining the conformity of transportation programs and plans developed by state transportation agencies.
7 57 FR 13498 April 16, 1992 and 57 FR 18070
April 28, 1992.

FR 37756 June 24, 2020.

VerDate Sep<11>2014

requirements, the EPA anticipates that Arizonas submission of an approvable Serious area nonattainment plan would also satisfy the States Moderate area nonattainment plan obligations. For example, an approvable Serious area nonattainment plan would satisfy the Acts requirements for imposing best available control measures, including best available control technology BACM/BACT, which would presumably satisfy the less stringent requirements for RACM/RACT.

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II. Submissions From the State of Arizona To Address the 1987 PM10
Standard Requirements in the West Pinal County Nonattainment Area A. Summary of State Submissions As a result of the May 31, 2012
nonattainment designation, West Pinal County was classified as a Moderate PM10 nonattainment area. Within 18
months from the July 2, 2012 effective date of the designation, or January 2, 2014, the State was required to submit a nonattainment plan meeting Moderate area plan requirements, including emission control measures for West Pinal County designed to attain the 1987
24-hour PM10 NAAQS as expeditiously as practicable, but no later than December 31, 2018.
On December 21, 2015, Arizona submitted the West Pinal County PM10
Plan, intended to address the Moderate area nonattainment requirements, to the EPA as a revision to the Arizona SIP.8
The West Pinal County PM10 Plan is organized into seven chapters and nine appendices. The nine appendices provide support for the plan and are divided into the following categories:
Technical support and documentation appendices AD, F, SIP adoption authority and public notice and hearing documentation appendix E and control measure submittals appendices GI.
Appendices G, H, and I contain control measures submitted with the West Pinal County PM10 Plan in the form of rules, statutes, and other supporting documents. We are not proposing to act on the submitted control measures in this proposed action on the West Pinal County PM10
Plan. Previously, the EPA approved into the Arizona SIP the submitted control measures that regulate fugitive dust, construction dust, and crop operations.9
In a separate Federal Register notice, we intend to take action on the remainder of the States submitted rules, namely, an update to its agricultural best management practices AgBMP statute, and the AgBMP rules for animal operations in Pinal County.
B. CAA Procedural Requirements for Adoption and Submission of SIP
Revisions CAA sections 110a and 110l 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
8 Letter dated December 21, 2015, from Eric C.
Massey, Director, Air Quality Division, Arizona Department of Environmental Quality, to Jared Blumenfeld, Regional Administrator, EPA Region IX.
9 82 FR 20267 May 1, 2017.

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