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Federal Register / Vol. 86, No. 199 / Tuesday, October 19, 2021 / Proposed Rules
to find that the Arizona SIP is substantially inadequate to attain or maintain the PM10 standard and to issue a SIP call requiring Arizona to revise the SIP to address this inadequacy. We proposed to require Arizona to submit this Moderate nonattainment plan SIP
submission within 18 months of finalizing the SIP call and to set a new attainment date of no later than December 31, 2025, because the original maximum attainment date for this area under Clean Air Act CAA section 188c1 was December 31, 1994
approximately four years from the original designation.2 We proposed a deadline for reasonably available control measures to be fully implemented in the area by January 1, 2025, but also recommended that reasonable controls be fully implemented as early as January 1, 2023. Earlier implementation of reasonable controls would allow highwind dust events during the three-year period preceding the proposed attainment date potentially to be considered natural events under the EPAs exceptional events rule.3
The public comment period for the proposed rule started on June 1, 2021, and ended on July 1, 2021. Due to an inadvertent administrative oversight, the EPA did not post all the documents contained in the docket until June 23, 2021. The EPA is re-opening the comment period for the proposed rule for an additional 30 days, to allow for a full comment period with access to the docket.
During the comment period, the EPA
received comments from seven commenters including the Arizona Department of Environmental Quality ADEQ. In its comment letter, ADEQ
noted that the EPAs authority to establish a new attainment date is contained in section 110k5, which allows the EPA to adjust any dates applicable to the relevant requirements as appropriate; that such adjusted dates could include the attainment date if the original attainment date had elapsed; and that CAA section 188c1
establishes two alternative attainment deadlines for moderate PM10
nonattainment areas: four years after designation for areas designated in 1990, and six years after designation for all other areas. 4 ADEQ asserted that the CAA does not require the EPA to set 2 86

FR 29221.
at footnote 40 citing 40 CFR 50.14b5ii.
4 Letter dated June 30, 2021 from Daniel Czecholinski, Air Quality Division Director, ADEQ, RE: Proposed Rescission of Clean Data Determination and Call for Attainment Plan Revision for the Yuma, AZ PM10 Moderate Nonattainment Area, 2.
3 Id.

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the new maximum attainment date according to the shorter deadline and that the six-year deadline would be more appropriate for the Yuma PM10
nonattainment area.5 In particular, ADEQ asserted that the EPAs recommended schedule for implementation of reasonable controls by January 1, 2023, which envisions implementation nineteen months after EPAs proposed finding is completely unrealistic. 6
In response to ADEQs comment, we are now also seeking comment on a possible alternative attainment date for the Yuma PM10 nonattainment area. As noted by ADEQ, given that the original attainment date of December 31, 1994, has elapsed, CAA section 110k5
provides the EPA with discretion to adjust this date as appropriate. 7 We initially proposed an attainment date of December 31, 2025, based on the fact that the Yuma areas original attainment date was approximately four years from its designation as a nonattainment area in 1990. However, as also noted by ADEQ, for other Moderate PM10
nonattainment areas, CAA section 188c1 sets a maximum attainment date of the end of the sixth calendar year after the areas designation as nonattainment. Therefore, we are specifically seeking comment on whether we should set a maximum attainment date of December 31, 2027
roughly six years from the expected SIP
call effective date, rather than December 31, 2025 roughly four years from the expected SIP call effective date, for the Yuma PM10 nonattainment area, if we finalize our proposed finding of inadequacy and SIP call.
We are also again soliciting public comments on all issues discussed in our June 1, 2021 proposal. We will accept comments from the public on that proposal until the date listed in the DATES section above. We will consider all comments received during both the initial comment period and this second comment period before taking final action.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by 5 Id.

quoting CAA section 110k5.
emphasis in original.
7 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, except that 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..
6 Id.

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reference, Intergovernmental relations, Particulate matter, Pollution.
Authority: 42 U.S.C. 7401 et seq.
Dated: October 5, 2021.
Deborah Jordan, Acting Regional Administrator, Region IX.
FR Doc. 202122167 Filed 101821; 8:45 am BILLING CODE 656050P

DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Administration for Children and Families 45 CFR Part 305
RIN 0970AC86

Paternity Establishment Percentage Performance Relief Office of Child Support Enforcement OCSE, Administration for Children and Families ACF, Department of Health and Human Services HHS.
ACTION: Notice of proposed rulemaking.
AGENCY:

Due to the impact of the COVID19 public health emergency on state child support program operations, the Office of Child Support Enforcement OCSE proposes to modify the Paternity Establishment Percentage PEP from the 90 percent performance threshold to 50
percent for Federal Fiscal Years FFY
2020 and 2021 in order for a state to avoid a financial penalty. OCSE also proposes to provide that adverse findings of data reliability audits of a states paternity establishment data will not result in a financial penalty.
DATES: Consideration will be given to written comments on this notice of proposed rulemaking NPRM received on or before November 18, 2021.
ADDRESSES: You may submit comments, identified by docket number and/or Regulatory Information Number RIN
number, by one of the following methods:
Federal eRulemaking Portal: http
www.regulations.gov. Follow the instructions for submitting comments.
Mail: Written comments may be submitted to: Office of Child Support Enforcement, Attention: Director of Policy and Training, 330 C Street SW, Washington, DC 20201.
Instructions: All submissions received must include the agency name and docket number or RIN for this rulemaking. All comments received will be posted without change to https
www.regulations.gov, including any personal information provided.
SUMMARY:

E:FRFM19OCP1.SGM

19OCP1