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Federal Register / Vol. 86, No. 139 / Friday, July 23, 2021 / Rules and Regulations
attainment; 20 9 contingency measures; 21 and 10 a motor vehicle emissions budget for the purpose of determining the conformity of transportation programs and plans developed by state transportation agencies.22 With Arizonas May 17, 2021 withdrawal action, the State has failed to meet its obligation to submit nine of the ten required Moderate area attainment plan elements; todays action does not affect ADEQs permit program governing the construction and operation of new and modified major stationary sources of PM10 within the West Pinal County nonattainment area.23
By this action, the EPA is finding that Arizona failed to submit the nine required PM10 Moderate Area attainment plan elements for the West Pinal County PM10 nonattainment area listed above. As noted, Arizona has submitted a major source PM10
permitting program including West Pinal County and that element is not a subject of this finding.

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C. Consequences of This Finding That Arizona Failed To Submit a PM10
Implementation Plan for West Pinal County The EPA is finding that Arizona has failed to make a required Moderate area attainment plan submission for the 1987
PM10 NAAQS for the West Pinal County area, except for the permit program required under section 189a1A.
With this finding, section 179 of the CAA starts a sanctions clock and a FIP
clock. Section 179a of the CAA
specifies the consequences for a state if the EPA finds that a state has failed to make a required SIP submission, if the EPA has determined that a submitted SIP is incomplete, or if the EPA has disapproved a SIP submission. If the EPA has not affirmatively determined that Arizona has made complete submissions of the required nonattainment SIP elements within 18
months of the effective date of this action, then the offset sanction identified in section 179b2 will apply to West Pinal County, pursuant to section 179a and b and 40 CFR 52.31.
If the EPA has not affirmatively determined that Arizona has made a complete SIP submission for West Pinal County within six months after imposition of this offset sanction, then the highway funding sanction will be 20 CAA

section 172c6.
section 172c9.
22 40 CFR 93.102b1.
23 For a discussion of our action on Arizonas submittal to meet CAA section 189a1A, see 80
FR 67319 November 2, 2015.

imposed, as required under section 179b1 of the CAA and 40 CFR 52.31.
Arizona may avoid these sanctions by taking timely action to remedy this finding. The 18-month clock governing the Acts imposition of sanctions on Arizona will stop and sanctions will not take effect if the EPA finds that the State has made a complete SIP submission for the Moderate area attainment plan requirements for the West Pinal County area within 18 months of the date of this finding. Similarly, the EPA is not required to promulgate a FIP if Arizona makes the required SIP submission and the EPA takes final action to approve the submission within two years of the finding of failure to submit a required SIP. In sum, the CAA does not require sanctions or a FIP if the State and the EPA take timely action to remedy this finding.
As discussed previously, the EPA
determined that West Pinal County did not meet the PM10 NAAQS by December 31, 2018, causing West Pinal County to be reclassified, by operation of law, from a Moderate to a Serious PM10
nonattainment area. With this reclassification of West Pinal County to Serious, Arizona is required 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 West Pinal County from Moderate to Serious does not eliminate Arizonas obligation to meet Moderate area nonattainment plan requirements, the EPA anticipates that Arizonas submission of an approvable Serious area nonattainment plan would also satisfy the States Moderate area nonattainment plan obligations.24
Therefore, should Arizona submit a complete Serious area attainment plan for the West Pinal County PM10
nonattainment area, the sanction clocks associated with this finding of failure to submit would stop. Similarly, should Arizona submit, and the EPA
subsequently approve, a Serious area attainment plan for the West Pinal County PM10 nonattainment area, such a final approval action would stop the FIP clock associated with this finding of failure to submit the Moderate area implementation plan elements.

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24 See section 189b1, specifying that Serious Area plan requirements include the provisions submitted to meet the requirements of paragraph a1 of section 189 relating to Moderate Areas.

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II. Final Action The EPA finds that Arizona has not submitted a revision to the Arizona SIP
addressing CAA requirements for a Moderate area attainment plan, related rules, and other analyses, for the West Pinal County PM10 nonattainment area.
Under provisions of the CAA, Arizona was required to submit a Moderate area PM10 implementation plan for West Pinal County no later than January 2, 2014. Although Arizona submitted a Moderate area PM10 attainment plan, related rules, and analyses, on December 21, 2015, the State withdrew this submittal on May 17, 2021, giving rise to this finding.
This finding of failure to submit the required Moderate area PM10 attainment plan establishes a deadline, 24 months after the effective date of this finding, for EPA to promulgate a FIP to address the CAA requirements for a Moderate area PM10 attainment plan, unless prior to this deadline, Arizona submits and the EPA approves the States Moderate area PM10 attainment plan as meeting all the requirements of the CAA. The CAA
also provides for the imposition of emissions offset sanctions 18 months from the effective date of this finding and highway funding sanctions 24
months from the effective date of this finding, if Arizona does not submit the required complete Moderate area PM10
attainment plan before these deadlines.
III. 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. 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.
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 beyond those imposed by state law.

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