[Federal Register Volume 79, Number 58 (Wednesday, March 26, 2014)]
[Proposed Rules]
[Pages 16734-16749]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-06661]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[EPA-R09-OAR-2013-0686; FRL-9908-69-Region-9]
Approval and Promulgation of Implementation Plans and Designation
of Areas for Air Quality Planning Purposes; State of Arizona;
Redesignation of the Phoenix-Mesa Nonattainment Area to Attainment for
the 1997 8-Hour Ozone Standard
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: Under the Clean Air Act, the Environmental Protection Agency
(EPA) is proposing to approve, as a revision of the Arizona State
Implementation Plan, the State's plan for maintaining the 1997 National
Ambient Air Quality Standard for ozone averaged over eight hours (8-
hour ozone standard) in the Phoenix-Mesa nonattainment area for ten
years beyond redesignation, and the related motor vehicle emission
budgets, because they meet the applicable requirements for such plans
and budgets. EPA is also proposing to approve a request from the
Arizona Department of Environmental Quality to redesignate the Phoenix-
Mesa nonattainment area to attainment of the 1997 8-hour ozone standard
because the request meets the statutory requirements for redesignation
under the Clean Air Act.
DATES: Comments must be received on or before April 25, 2014.
ADDRESSES: Submit your comments, identified by Docket ID number EPA-
R09-OAR-2013-0686, by one of the following methods:
1. http://www.regulations.gov: Follow the on-line instructions for
submitting comments.
2. Email: [email protected].
3. Postal Mail or Delivery: Ginger Vagenas (AIR-2), U.S.
Environmental Protection Agency, Region 9, 75 Hawthorne Street, San
Francisco, CA 94105-3901. Deliveries are only accepted during the
Regional Office's normal hours of operation.
Instructions: All comments will be included in the public docket
without change and may be made available online at http://www.regulations.gov, including any personal information provided,
unless the comment includes Confidential Business Information (CBI) or
other information whose disclosure is restricted by statute.
Information that you consider CBI or otherwise protected should be
clearly identified as such and should not be submitted through http://www.regulations.gov or email. The online docket system at http://www.regulations.gov is an anonymous access system, and EPA will not
know your identity or contact information unless you provide it in the
body of your comment. If EPA cannot read your comment due to technical
difficulties and cannot contact you for clarification, EPA may not be
able to consider your comment.
Docket: Generally, documents in the docket for this action are
available electronically at http://www.regulations.gov and in hard copy
at the EPA Region 9 office. While all documents in the docket are
listed at http://www.regulations.gov, some information may not be
specifically listed in the index to the docket or may be publicly
available only in hard copy at the EPA Region 9 office (e.g.,
copyrighted material, large maps, multi-volume reports, or otherwise
voluminous materials), and some may not be publicly available in
electronic or
[[Page 16735]]
hard copy form (e.g., confidential business information). To view the
hard copy materials, please schedule an appointment during normal
business hours with the contact person listed in the FOR FURTHER
INFORMATION CONTACT section.
FOR FURTHER INFORMATION CONTACT: Ginger Vagenas, U.S. EPA, Region 9, 75
Hawthorne Street (AIR-2), San Francisco, CA 94105-3901. Ginger Vagenas
can also be reached at (415) 972-3964, or via electronic mail at
[email protected].
SUPPLEMENTARY INFORMATION: Throughout this document, ``we'', ``us'',
and ``our'' refer to the United States Environmental Protection Agency
(EPA).
Table of Contents
I. Summary of Today's Proposed Action
II. Background
III. Procedural Requirements for Adoption and Submittal of SIP
Revisions
IV. Substantive Requirements for Redesignation
V. Evaluation of the State's Redesignation Request for the Phoenix-
Mesa Ozone Nonattainment Area
A. Determination That the Area Has Attained the Applicable NAAQS
B. The Area Must Have a Fully Approved SIP Meeting Requirements
Applicable for Purposes of Redesignation Under Section 110 and Part
D
1. Basic SIP Requirements Under CAA Section 110
2. Part D Requirements
a. Introduction
b. Permits for New and Modified Major Sources
c. Conformity Requirements
C. The Area Must Show the Improvement in Air Quality Is Due to
Permanent and Enforceable Emission Reductions
D. The Area Must Have a Fully Approved Maintenance Plan Under
CAA Section 175A
1. Attainment Inventories and Projected Future Inventories
2. Maintenance Demonstration
3. Monitoring Network
4. Verification of Continued Attainment
5. Contingency Provisions
6. Subsequent Maintenance Plan Revisions
7. Motor Vehicle Emission Budgets
VI. Proposed Action and Request for Public Comment
VII. Statutory and Executive Order Reviews
I. Summary of Today's Proposed Action
EPA is proposing to take several related actions. First, under
section 110(k)(3) of the Clean Air Act (CAA or ``Act''), EPA is
proposing to approve, as a revision to the Arizona State Implementation
Plan (SIP), a plan developed by the Maricopa Association of Governments
(MAG),\1\ entitled MAG Eight-Hour Ozone Redesignation Request and
Maintenance Plan for the Maricopa Nonattainment Area, dated February
2009 (``Eight-Hour Ozone Maintenance Plan''), and submitted by the
Arizona Department of Environmental Quality (ADEQ) to EPA on March 23,
2009.\2\
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\1\ The MAG membership currently consists of the 27 incorporated
cities and towns within Maricopa County and the contiguous urbanized
area, the Gila River Indian Community, the Salt River Pima Maricopa
Indian Community, Fort McDowell Yavapai Nation, Maricopa and Pinal
Counties. Representatives of the Arizona Department of
Transportation (ADOT) and the Citizens Transportation Oversight
Committee (CTOC) also serve on the Regional Council for
transportation-related issues.
\2\ See letter from Patrick J. Cunningham, Acting Director,
Arizona Department of Environmental Quality, to Laura Yoshii, Acting
Regional Administrator, EPA Region IX, March 23, 2009. This letter
included three enclosures, one of which is the Eight-Hour Ozone
Maintenance Plan, including appendices A and B organized into
volumes 1, 2, and 3.
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In connection with the Eight-Hour Ozone Maintenance Plan, EPA is
proposing to find that the maintenance demonstration shows that the
Phoenix-Mesa area will continue to attain the 1997 8-hour ozone
National Ambient Air Quality Standard (NAAQS or ``standard'') for 10
years beyond redesignation and that the contingency provisions, which
include already implemented measures as well as a process for
identifying new or more stringent measures in the event of a future
monitored violation, meet all applicable requirements for maintenance
plans and the related contingency provisions of CAA section 175A. EPA
is also proposing to approve motor vehicle emission budgets in the
Eight-Hour Ozone Maintenance Plan because we find they meet the
applicable transportation conformity requirements under 40 CFR
93.118(e).
Second, under CAA section 107(d)(3)(D), EPA is proposing to approve
ADEQ's request to redesignate the Phoenix-Mesa 8-hour ozone
nonattainment area to attainment for the 1997 8-hour ozone NAAQS. We
are doing so based on our conclusion that the area has met the five
criteria for redesignation under CAA section 107(d)(3)(E). This
conclusion is based on our proposed determination that: The area has
attained the 1997 8-hour ozone NAAQS; relevant portions of the Arizona
SIP are fully approved; improvement in air quality in the area is due
to permanent and enforceable reductions in emissions; Arizona has met
all requirements applicable to the Phoenix-Mesa 1997 8-hour ozone
nonattainment area with respect to section 110 and part D of the CAA;
and, as part of this action, our proposed approval of the Eight-Hour
Ozone Maintenance Plan.
II. Background
Ground-level ozone is an oxidant that is formed from photochemical
reactions in the atmosphere between volatile organic compounds (VOC)
and oxides of nitrogen (NOX) in the presence of sunlight.
These two pollutants, referred to as ozone precursors, are emitted by
many types of pollution sources including on-road motor vehicles (cars,
trucks, and buses), nonroad vehicles and engines, power plants and
industrial facilities, and smaller area sources such as lawn and garden
equipment and paints.
In 1971, under section 109 of the Act, as amended in 1970, EPA
promulgated the original NAAQS for pervasive air pollutants, including
photochemical oxidants.\3\ The NAAQS are concentration levels that, the
attainment and maintenance of which, EPA has determined to be requisite
to protect public health (i.e., the ``primary'' NAAQS) and welfare
(i.e., the ``secondary'' NAAQS). In 1979, EPA revised the chemical
designation of the NAAQS from ``photochemical oxidants'' to ``ozone,''
and established a 1-hour ozone NAAQS of 0.12 parts per million
(ppm).\4\
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\3\ See 36 FR 8186 (April 30, 1971).
\4\ See 44 FR 8202 (February 8, 1979).
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In March of 1978, Maricopa County was designated as a 1-hour
oxidant nonattainment area (43 FR 8962). In 1979, EPA revised Maricopa
County's designation to refer to ozone (rather than oxidant) and
reduced the geographic extent of the nonattainment area to reflect
MAG's Urban Planning Area (``Phoenix metropolitan area'') rather than
the entire county. See 44 FR 16388 (March 19, 1979). Under the CAA,
states with nonattainment areas are required to submit revisions to
their SIPs that include a control strategy necessary to demonstrate how
the area will attain the NAAQS, and EPA took action on a number of
related SIP revisions submitted by Arizona in the late 1970s and 1980s
for the Phoenix metropolitan 1-hour ozone nonattainment area. However,
by 1990, the area still had not attained the standard, and under the
CAA Amendments of 1990, the Phoenix metropolitan area was classified as
a ``moderate'' nonattainment area with an attainment deadline of
November 15, 1996 (56 FR 56694, November 6, 1991). The area was later
reclassified as a ``serious'' nonattainment area with a deadline of
November 15, 1999 (62 FR 60001, November 6, 1997).
[[Page 16736]]
In 1997, EPA revised the NAAQS for ozone, setting it at 0.08 ppm
averaged over an 8-hour timeframe (referred to herein as the ``1997 8-
hour ozone standard'') to replace the existing 1-hour ozone standard of
0.12 ppm.5 6 In 2004, EPA designated the Phoenix-Mesa area
as nonattainment for the 1997 8-hour ozone standard and established
June 15, 2005 as the date when the 1-hour ozone standard would be
revoked. The Phoenix-Mesa 8-hour ozone nonattainment area covers a much
larger portion of Maricopa County than the Phoenix metropolitan 1-hour
ozone area and also includes the Apache Junction portion of Pinal
County.\7\ Just prior to revocation of the 1-hour ozone standard, EPA
redesignated the Phoenix metropolitan 1-hour ozone nonattainment area
to attainment (70 FR 34362, June 14, 2005).\8\
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\5\ See 62 FR 33856 (July 18, 1997).
\6\ On March 27, 2008 (73 FR 16436), EPA lowered the 8-hour
ozone standard to 0.075 ppm (the 2008 8-hour ozone standard), and on
May 21, 2012, EPA designated the Phoenix-Mesa area as marginal
nonattainment for the 2008 8-hour ozone standard (77 FR 30088).
Today's proposed action relates to a maintenance plan and
redesignation request for the 1997 8-hour ozone standard, not the
more stringent 2008 8-hour ozone standard.
\7\ The precise boundaries of the Phoenix-Mesa 8-hour ozone
nonattainment area and the Phoenix metropolitan 1-hour ozone
nonattainment are found in 40 CFR 81.303.
\8\ A more detailed description of the history of 1-hour ozone
planning in the Phoenix metropolitan area is presented in section II
of EPA's proposed redesignation for the 1-hour ozone standard. See
70 FR 13425 at 13426-13428 (March 21, 2005).
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On April 15, 2004, EPA designated Phoenix-Mesa as Subpart 1
nonattainment for the 1997 8-hour ozone standard under CAA section 172
with an attainment deadline no later than June 15, 2009.\9\ The
designation became effective on June 15, 2004. The Phoenix-Mesa
nonattainment area is located in the central portion of Arizona and
encompasses 4,880 square miles, including the urban portions of
Maricopa and Pinal Counties, and areas of Indian country of the Fort
McDowell Yavapai Nation, the Salt River-Pima Maricopa Indian Community,
and the Tohono O'odham Nation. For a precise description of the
geographic boundaries of the Phoenix-Mesa nonattainment area, see 40
CFR 81.303 and figure 1-1 of the Eight-Hour Ozone Maintenance Plan. MAG
is the agency with primary responsibility for developing air quality
plans related to the 1997 8-hour ozone NAAQS for the Phoenix-Mesa
nonattainment area.
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\9\ See 69 FR 23858 (April 30, 2004) and 40 CFR 81.303.
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Under part D, subpart 1 of the Act, states must submit plans to
come into attainment within 3 years of the effective date of the
nonattainment designation and must attain the standard as expeditiously
as practicable, but no later than 5 years after the effective date of
the designation. Later, in the wake of a court decision partially
vacating EPA's regulations implementing the 1997 8-hour ozone
standard,\10\ EPA classified the Phoenix-Mesa ozone nonattainment area
as ``marginal'' under subpart 2 of part D of title I of the CAA.\11\
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\10\ See South Coast Air Quality Management Dist. v. EPA, 472
F3d 882 (D.C. Cir. 2006).
\11\ See 77 FR 28424 (May 14, 2012). June 13, 2012 is the
effective date for the ``marginal'' classification of the Phoenix-
Mesa 8-hour ozone nonattainment for the 1997 8-hour ozone NAAQS.
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On June 13, 2007, ADEQ submitted a SIP revision demonstrating
attainment of the 1997 8-hour ozone standard in the Phoenix-Mesa
nonattainment area by the attainment date of June 15, 2009 (``Eight-
Hour Ozone Attainment Plan''). In June 2012, EPA approved the Eight-
Hour Ozone Attainment Plan.\12\ On March 23, 2009, ADEQ submitted the
Eight-Hour Ozone Maintenance Plan as a revision to the Arizona SIP.
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\12\ See 77 FR 21690 (April 11, 2012) and 77 FR 35285 (June 13,
2012).
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In summary, the Phoenix metropolitan area was originally designated
as nonattainment for the photochemical oxidant, later 1-hour ozone
NAAQS, but was later redesignated as attainment for the 1-hour ozone
NAAQS prior to the revocation of that standard. With respect to the
1997 8-hour ozone NAAQS, EPA designated a larger geographic area, the
Phoenix-Mesa area, as nonattainment, later classified as ``marginal,''
for the 1997 8-hour ozone NAAQS. ADEQ's request to redesignate the
Phoenix Mesa area as attainment for the 1997 8-hour ozone NAAQS is the
subject of today's proposed action. Lastly, EPA has also designated the
Phoenix Mesa area as ``marginal'' nonattainment for the 2008 ozone
NAAQS. Today's proposed action does not affect the designation of the
Phoenix-Mesa area for the 2008 ozone NAAQS.
III. Procedural Requirements for Adoption and Submittal of SIP
Revisions
Section 110(l) of the Act requires States to provide reasonable
notice and public hearing prior to adoption of SIP revisions. Appendix
B, Exhibit 1 of the Eight-Hour Ozone Maintenance Plan documents the
public review process followed by MAG in adopting the plan prior to
transmittal to ADEQ for subsequent submittal to EPA as a revision to
the Arizona SIP. The documentation in Exhibit 1 also provides evidence
that reasonable notice of a public hearing was provided to the public
and that a public hearing was conducted prior to adoption.
Specifically, notice of the availability of, and opening of a 30-
day comment period on, the public-draft Eight-Hour Ozone Maintenance
Plan was published on December 23, 2008, in a newspaper of general
circulation within the Phoenix area. The public hearing was held on
January 22, 2009. One individual commented on the draft maintenance
plan during the public hearing. No written comments were received
during the public comment period. MAG provided responses to comments in
Exhibit 1 of Appendix B.
On February 25, 2009, the MAG Regional Council adopted the Eight-
Hour Ozone Maintenance Plan, as certified in Appendix B, Exhibit 2 of
the plan. Following adoption, MAG provided the maintenance plan to
ADEQ, and ADEQ adopted the plan and submitted it to EPA for approval on
March 23, 2009.
Based on the documentation provided in Appendix B, we find that the
submittal of the Eight-Hour Ozone Maintenance Plan as a SIP revision
satisfies the procedural requirements of section 110(l) of the Act.
IV. Substantive Requirements for Redesignation
The CAA establishes the requirements for redesignation of a
nonattainment area to attainment. Specifically, section 107(d)(3)(E)
allows for redesignation provided that the following criteria are met:
(1) EPA determines that the area has attained the applicable NAAQS; (2)
EPA has fully approved the applicable implementation plan for the area
under 110(k); (3) EPA determines that the improvement in air quality is
due to permanent and enforceable reductions; (4) EPA has fully approved
a maintenance plan for the area as meeting the requirements of CAA
175A; and (5) the State containing such area has met all requirements
applicable to the area under section 110 and part D of the CAA. Section
110 identifies a comprehensive list of elements that SIPs must include,
and part D establishes the SIP requirements for nonattainment areas.
Part D is divided into six subparts. The generally-applicable
nonattainment SIP requirements are found in part D, subpart 1, and the
ozone-specific SIP requirements are found in part D, subpart 2.
EPA provided guidance on redesignations in a document entitled
``State Implementation Plans; General Preamble for the Implementation
of
[[Page 16737]]
Title I of the Clean Air Act Amendments of 1990'', published in the
Federal Register on April 16, 1992 (57 FR 13498), and supplemented on
April 28, 1992 (57 FR 18070) (referred to herein as the ``General
Preamble''). Additional guidance was issued in a September 4, 1992
memorandum from John Calcagni, Director, Air Quality Management
Division, EPA Office of Air Quality Planning and Standards, entitled
``Procedures for Processing Requests to Redesignate Areas to
Attainment'' (referred to herein as the ``Calcagni memo''). Maintenance
plan submittals are SIP revisions, and as such, EPA is obligated, under
CAA section 110(k), to approve them or disapprove them depending upon
whether they meet the applicable CAA requirements for such plans.
For reasons set forth below in section V of this document, we
propose to approve ADEQ's request for redesignation of the Phoenix-Mesa
ozone nonattainment area to attainment for the 1997 8-hour ozone NAAQS
based on our conclusion that all the criteria under CAA section
107(d)(3)(E) have been satisfied.
V. Evaluation of the State's Redesignation Request for the Phoenix-Mesa
Ozone Nonattainment Area
A. Determination That the Area Has Attained the Applicable NAAQS
CAA section 107(d)(3)(E)(i) requires that we determine that the
area has attained the NAAQS. EPA generally makes the determination of
whether an area's air quality meets the ozone NAAQS based upon the most
recent three years of complete, quality-assured data gathered at
established State and Local Air Monitoring Stations (SLAMS) in the
nonattainment area and entered into the EPA Air Quality System (AQS)
database. Data from air monitors operated by state or local agencies in
compliance with EPA monitoring requirements must be submitted to AQS.
Heads of monitoring agencies annually certify that these data are
accurate to the best of their knowledge. Accordingly, EPA relies
primarily on data in AQS when determining the attainment status of
areas.\13\ All data are reviewed to determine the area's air quality
status in accordance with 40 CFR part 50, Appendix I.
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\13\ See 40 CFR 50.10; 40 CFR part 50, Appendix I; 40 CFR part
53; 40 CFR part 58, Appendices A, C, D, and E.
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Under EPA regulations at 40 CFR part 50, the 1997 ozone standard is
met at an ambient air quality monitoring site when the 3-year average
of the annual fourth-highest daily maximum 8-hour average ozone
concentration is less than or equal to 0.08 ppm.\14\ This 3-year
average is referred to as the design value. When the design value is
less than or equal to 0.084 ppm (based on the rounding convention in 40
CFR part 50, Appendix I) at each monitoring site within the area, the
area is meeting the NAAQS. The data completeness requirement is met
with the 3-year average percent of days with valid ambient monitoring
data is at least 90 percent of the days during the designated ozone
monitoring season, and no single year has less than 75 percent data
completeness as determined in Appendix I of 40 CFR part 50.
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\14\ See 40 CFR 50.10 and 40 CFR part 50, Appendix I.
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Three state or local agencies are responsible for monitoring
ambient air quality data in the Phoenix-Mesa nonattainment area: The
Maricopa County Air Quality Department (MCAQD), the Pinal County Air
Quality Control District (PCAQCD), and ADEQ. These agencies submit
monitoring network plan reports to EPA on an annual basis. These
reports discuss the status of the air monitoring network, as required
under 40 CFR part 58. Beginning in 2007, EPA has reviewed these annual
plans for compliance with the applicable reporting requirements in 40
CFR 58.10. With respect to ozone, we have found that MCAQD's, PCAQCD's,
and ADEQ's annual network plans meet the applicable reporting
requirements under 40 CFR part 58.\15\
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\15\ See EPA letters to MCAQCD, PCAQCD, and ADEQ concerning
annual network plan reports, which are included in the docket for
this rulemaking.
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EPA conducts periodic technical system audits of the state and
local ambient air monitoring networks, and has done so for ADEQ, MCAQD,
and PCAQCD. For the purposes of this action, EPA has reviewed the
findings in EPA's technical system audits of the networks operated by
the three relevant agencies and notes that none of the findings in
these reports cast doubt on the reliability of the ozone data collected
at the various monitoring sites in these networks.\16\
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\16\ For the most recent technical system audits (TSAs), see
EPA's report on the Agency's September 2008 audit of MCAQCD's
network, EPA's final TSA report for ADEQ's network dated January
2013, and EPA's final TSA report for PCAQCD's network dated June
2013, which are included in the docket for this rulemaking.
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During the relevant time period, the ozone monitoring network in
the Phoenix-Mesa nonattainment area comprised 20 ozone monitors: MCAQD
operated 18 monitors,\17\ ADEQ operated one monitor, and PCAQCD
operated one monitor. Please see Figure 2-1 in the Eight-Hour Ozone
Maintenance Plan for a map showing the locations of the monitors
constituting the State and local agency regional ozone monitoring
network. Based on population and ambient ozone, EPA regulations
required only three ozone monitoring sites in the Phoenix-Mesa-Glendale
Metropolitan Statistical Area (MSA) during the 2010-2012 period. Thus,
the ozone monitoring network in the Phoenix-Mesa nonattainment area
exceeds the requirements for the minimum number of monitoring sites
designated as SLAMS for that pollutant.
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\17\ The Mesa ozone monitor, operated by MCAQD, began operation
on November 1, 2012 and therefore only gathered data for two months
during the 2010-2012 design value period. As a result, this monitor
is not appropriate to consider in determining whether the area has
attained the 1997 ozone standard. In the future, as complete data
become available, the monitor will be eligible for use in
determining continued attainment.
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MCAQD, PCAQCD, and ADEQ annually certify that the data they submit
to AQS are complete and quality-assured.\18\ All 20 sites monitored
ozone concentrations on a continuous basis using Federal Equivalent
Method (FEM) analyzers. The spatial scale and site type (monitoring
objective type) of most of the ozone monitoring sites in the
nonattainment area are ``neighborhood'' and ``population exposure,''
respectively. The Blue Point, Cave Creek, Pinnacle Peak, and Rio Verde
sites are classified as ``urban'' scale with site types of ``maximum
ozone concentrations,'' while the Humboldt Mountain site is classified
as ``regional scale'' with a site type of ``maximum ozone
concentrations.'' The Fountain Hills and JLG Supersite sites are also
sited to measure ``maximum ozone concentrations'' but are located at
the ``neighborhood'' scale.\19\
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\18\ For the most recent data certification submittals, see
MCAQCD, PCAQCD, and ADEQ letters concerning data certification for
2010, 2011, and 2012, which are included in the docket for this
rulemaking.
\19\ The sources of information for this paragraph include
ADEQ's ``State of Arizona Air Monitoring Network Plan for the Year
2013,'' dated October 29, 2013; MCAQD's ``2012 Air Monitoring
Network Review,'' undated; and PCAQCD's ``2013 Ambient Monitoring
Network Plan and 2012 Data Summary,'' dated July 1, 2013.
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In addition to the SLAMS ozone network maintained by MCAQD, PCAQCD,
and ADEQ, there are five tribal monitors located within the
nonattainment area. The Salt River Pima-Maricopa Indian Community (Salt
River) operates four ozone monitors and the Fort McDowell Yavapai
Nation (Fort McDowell) operates one monitor on
[[Page 16738]]
tribal lands located in the eastern portion of the nonattainment area.
The ozone monitoring data from Fort McDowell is characterized as
``informational'' and therefore not suitable for comparison against the
1997 ozone standard. Conversely, the Salt River ozone monitors have the
basic monitoring objective of ``NAAQS comparison'' and the data should
be considered ``regulatory'' and appropriate for use when determining
if the nonattainment area is attaining the 1997 ozone standard.
Consistent with the requirements contained in 40 CFR part 50, EPA
has reviewed the ozone ambient air monitoring data as recorded in AQS
for the monitoring period from 2010 through 2012 collected at the
monitoring sites discussed above and found that the data meet our
completeness criteria (see table 1).
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\20\ The Pinnacle Peak site was temporarily shut down on
November 16, 2011 and relocated to a nearby location on July 1,
2012. See Letter from Ben Davis, Air Monitoring Manager, MCAQD, to
Michael Flagg, Air Quality Analysis Office, EPA Region 9, dated
January 31, 2012.
Table 1--Summary of Ambient Data for Ozone Collected Within Phoenix-Mesa Ozone Nonattainment Area, 2010-2012
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2010-2012 Design
Site Site ID Agency Parameter value (DV) and %
complete
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Apache Junction.................. 04-013-3001 PCAQCD.......... DV (ppm).............. 0.074
................ % complete............ 98
Blue Point....................... 04-013-9702 MCAQD........... DV (ppm).............. 0.075
................ % complete............ 99
Buckeye.......................... 04-013-4011 MCAQD........... DV (ppm).............. 0.066
................ % complete............ 100
Cave Creek....................... 04-013-4008 MCAQD........... DV (ppm).............. 0.077
................ % complete............ 100
Central Phoenix.................. 04-013-3002 MCAQD........... DV (ppm).............. 0.074
................ % complete............ 100
Dysart........................... 04-013-4010 MCAQD........... DV (ppm).............. 0.071
................ % complete............ 100
Falcon Field..................... 04-013-1010 MCAQD........... DV (ppm).............. 0.069
................ % complete............ 99
Fountain Hills................... 04-013-9704 MCAQD........... DV (ppm).............. 0.076
................ % complete............ 99
Glendale......................... 04-013-2001 MCAQD........... DV (ppm).............. 0.076
................ % complete............ 100
High School...................... 04-013-7024 SRPMIC.......... DV (ppm).............. 0.074
................ % complete............ 99
Humboldt Mountain................ 04-013-9508 MCAQD........... DV (ppm).............. 0.075
................ % complete............ 100
JLG Supersite.................... 04-013-9997 ADEQ............ DV (ppm).............. 0.076
................ % complete............ 98
Lehi............................. 04-013-7022 SRPMIC.......... DV (ppm).............. 0.073
................ % complete............ 98
North Phoenix.................... 04-013-1004 MCAQD........... DV (ppm).............. 0.081
................ % complete............ 100
Pinnacle Peak.................... 04-013-2005 MCAQD........... DV (ppm).............. 0.077
................ % complete............ \20\ 78
Red Mountain..................... 04-013-7021 SRPMIC.......... DV (ppm).............. 0.077
................ % complete............ 93
Rio Verde........................ 04-013-9706 MCAQD........... DV (ppm).............. 0.074
................ % complete............ 98
Senior Center.................... 04-013-7020 SRPMIC.......... DV (ppm).............. 0.074
................ % complete............ 95
South Phoenix.................... 04-013-4003 MCAQD........... DV (ppm).............. 0.076
................ % complete............ 98
South Scottsdale................. 04-013-3003 MCAQD........... DV (ppm).............. 0.077
................ % complete............ 100
Tempe............................ 04-013-4005 MCAQD........... DV (ppm).............. 0.070
................ % complete............ 99
West Chandler.................... 04-013-4004 MCAQD........... DV (ppm).............. 0.074
................ % complete............ 100
West Phoenix..................... 04-013-0019 MCAQD........... DV (ppm).............. 0.078
................ % complete............ 100
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Table 1 summarizes the site-specific 3-year ozone design values for
all monitoring sites within the Phoenix-Mesa nonattainment area for the
period of 2010-2012. As shown in table 1, the design value for the
2010-2012 period was less than 0.084 ppm at all of the monitors in the
Phoenix-Mesa ozone nonattainment area. Therefore, we are proposing to
determine, based on complete quality-assured data for the 2010-2012
period, that the Phoenix-Mesa ozone nonattainment area has attained the
1997 8-hour ozone standard. Preliminary data for 2013 are also
consistent with continued
[[Page 16739]]
attainment.\21\ Given the timing of this proposed action after the end
of 2013 but before the monitoring agencies must enter data collected
during the final quarter of the 2013 into AQS, we will be updating this
determination based on design values calculated for 2011-2013, and
preliminary review of available 2014 data, for the purposes of the
final action.
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\21\ See the AQS Preliminary Design Value Report for 2013 dated
March 6, 2014, included in the docket for this rulemaking.
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B. The Area Must Have a Fully Approved SIP Meeting the Requirements
Applicable for Purposes of Redesignation Under Section 110 and Part D
Section 107(d)(3)(E)(ii) and (v) require EPA to determine that the
area has a fully approved applicable SIP under section 110(k) that
meets all applicable requirements under section 110 and part D for the
purposes of redesignation.
1. Basic SIP Requirements Under CAA Section 110
Section 110(a)(2) sets forth the general elements that a SIP must
contain in order to be fully approved. EPA has analyzed the Arizona SIP
and determined that it is consistent with the requirements of section
110(a)(2). The Phoenix-Mesa portion of the approved Arizona SIP, which
includes rules pertaining to areas and sources under the jurisdiction
of ADEQ, MCAQD, and PCAQCD, contains enforceable emission limitations;
requires monitoring, compiling, and analyzing of ambient air quality
data; requires preconstruction review of new or modified stationary
sources; provides adequate funding, staff, and associated resources
necessary to implement its requirements; and provides the necessary
assurances that the State of Arizona maintains responsibility for
ensuring adequate implementation of the SIP where the State is relying
on local or regional governments or agencies for implementation of the
SIP.\22\
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\22\ We note that SIPs must be fully approved only with respect
to the applicable requirements for purposes of redesignation in
accordance with section 107(d)(3)(E)(ii). Thus, for example, CAA
section 110(a)(2)(D) requires that SIPs contain certain measures to
prevent sources in a state from significantly contributing to air
quality problems in another state (transport SIP). However, the
section 110(a)(2)(D) requirements for a state are not linked with a
particular nonattainment area's designation and classification in
that state. EPA believes that the requirements linked with a
particular nonattainment area's designation and classification are
the relevant measures to evaluate in reviewing a redesignation
request. The transport SIP requirements, where applicable, continue
to apply to a state regardless of the designation of any one
particular area in the state. Thus, we do not believe that these
requirements should be construed to be applicable requirements for
the purposes of redesignation. In addition, EPA believes that the
other section 110 elements that are not connected with nonattainment
plan submissions and not linked with an area's attainment status are
not applicable requirements for the purposes of redesignation. The
State will still be subject to these requirements after the Phoenix-
Mesa nonattainment area is redesignated.
This policy is consistent with EPA's existing policy on
applicability of conformity (i.e., for redesignations) and
oxygenated fuels requirements. See Reading, Pennsylvania, proposed
and final rulemakings (61 FR 53174 dated October 10, 1996 and 62 FR
24816 dated May 7, 1997); Cleveland-Akron-Lorain, Ohio, final
rulemaking (61 FR 20458 dated May 7, 1996); and Tampa, Florida,
final rulemaking (60 FR 62748 dated December 7, 1995). See also the
discussion of this issue in the Cincinnati redesignation (65 FR
37879 at 37890 dated June 19, 2000), in the Pittsburgh redesignation
(66 FR 53094 dated October 19, 2001), and in the South Coast
redesignation (72 FR 6986 dated February 14, 2007 and 72 FR 26718
dated May 11, 2007).
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On numerous occasions, we have approved Arizona submittals
addressing the basic CAA section 110 provisions. There are no
outstanding or disapproved applicable SIP submittals with respect to
the Phoenix-Mesa portion of the SIP that prevent redesignation of the
Phoenix-Mesa nonattainment area for the 1997 8-hour ozone standard.\23\
Therefore, we propose to find that Arizona has met all SIP requirements
for the Phoenix-Mesa ozone area applicable for the purposes of
redesignation under section 110 of the CAA (General SIP Requirements).
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\23\ On November 5, 2012 (77 FR 66398) EPA issued a partial
approval and partial disapproval of Arizona's ``infrastructure'' SIP
for the 1997 8-hour ozone NAAQS. While this final rule was not a
full approval, it does not represent an obstacle to redesignation of
the Phoenix-Mesa 1997 ozone nonattainment area because the
infrastructure elements effective in the Phoenix-Mesa area that EPA
disapproved (i.e., certain PSD program elements, composition of air
quality hearing boards) are not related to the nonattainment SIP
requirements for the Phoenix-Mesa ozone nonattainment area and thus
are not relevant for the purposes of redesignation.
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2. Part D Requirements
a. Introduction
The CAA contains two sets of provisions, subparts 1 and 2, that
address planning and emission control requirements for ozone
nonattainment areas. Both of these subparts are found in title I, part
D of the CAA; sections 171-179 and sections 181-185, respectively.
Subpart 1 contains general, less prescriptive requirements for all
nonattainment areas of any pollutant, including ozone, governed by a
NAAQS. Subpart 2 contains additional, more specific requirements for
ozone nonattainment areas classified under subpart 2.
The applicable subpart 1 requirements are contained in sections
172(c)(1)-(9) and 176 of the CAA. Under subpart 1, with respect to the
Phoenix-Mesa 8-hour ozone nonattainment area, the state of Arizona is
required to submit SIP revisions that provide for:
Implementation of all reasonably available control
measures (RACM), including, at a minimum, reasonable available control
technology for existing sources and attainment of the standard (section
172(c)(1));
Reasonable further progress (RFP) (section 172(c)(2));
A comprehensive, accurate, current inventory of actual
emissions from all sources of the relevant pollutant or pollutants in
the area (section 172(c)(3));
Identification and quantification of the emissions, if
any, of any such pollutant which will be allowed in accordance with
section 173(a)(1)(B) (i.e., new or modified stationary sources located
in established economic development zones) (section 172(c)(4));
Permits for the construction of new and modified major
stationary sources in the nonattainment area (section
172(c)(5))(herein, referred to as ``nonattainment NSR'' or ``NSR'');
Enforceable emission limitations as may be necessary or
appropriate to provide for attainment of such standard in such area by
the applicable attainment date (section 172(c)(6));
Compliance with section 110(a)(2) of the Act (section
172(c)(7));
Use of equivalent modeling emission inventory, and
planning procedures if approved by EPA (section 172(c)(8));
Contingency measures (section 172(c)(9)); and
Interagency consultation and enforceability for the
purposes of transportation conformity (section 176(c)(4) and 40 CFR
51.390).
On June 13, 2012 (77 FR 35285), EPA approved the Eight-Hour Ozone
Attainment Plan for the Phoenix-Mesa nonattainment area based on the
determination that it met all applicable requirements for such plans
under subpart 1 of part D, title 1 of the CAA for the 1997 8-hour ozone
NAAQS. Specifically, we approved the following SIP elements:
The RACM demonstration and attainment demonstration as
meeting the requirements of section 172(c)(1), 40 CFR 51.912(d), and 40
CFR 51.908;
The RFP demonstration as meeting the requirements of CAA
section 172(c)(2) and 40 CFR 51.910;
The 2002 base year emission inventory as meeting the
requirements of section 172(c)(3) and 40 CFR 51.915; and
The contingency measures for failure to make RFP or to
attain as
[[Page 16740]]
meeting the requirements of section 172(c)(9).
In addition, we note that the approved Eight-Hour Ozone Attainment Plan
relied on enforceable emission limitations necessary to attain the 1997
8-hour ozone NAAQS by the applicable attainment date in compliance with
section 172(c)(6) and the plan was adopted and submitted in compliance
with section 110(a)(2) as required under section 172(c)(7).
Furthermore, the State of Arizona did not rely on sections 172(c)(4)
(i.e., identification and quantification of certain emission increases)
or 172(c)(8) (equivalent techniques) in connection with the Eight-Hour
Ozone Attainment Plan. The approved Eight-Hour Ozone Attainment Plan
did not address the following SIP elements: (1) NSR permit requirements
in the nonattainment area (section 172(c)(5)) and (2) transportation
conformity provisions related to interagency consultation and
enforceability (section 176(c)(4) and 40 CFR 51.390). We address these
two remaining part D SIP elements later in this subsection.\24\
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\24\ The requirements for SIP revisions to demonstrate RACM,
RFP, attainment, and contingencies (for failure to meet RFP or
attainment) in subpart 1 are not applicable for the purposes of
evaluating a redesignation request. Such requirements are directed
at ensuring attainment by the applicable attainment date, and since,
as discussed in section V.A., the area is showing attainment, the
requirements have no meaning at this point. See the General
Preamble, 74 FR 13498, at 13564 (April 16, 1992).
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As noted above, the Phoenix-Mesa nonattainment area was initially
designated nonattainment under subpart 1 of the CAA, but was
subsequently classified as marginal nonattainment for the 1997 8-hour
ozone standard under subpart 2 of the CAA (77 FR 28424, May 14, 2012).
The effective date of the classification of the Phoenix-Mesa
nonattainment area as marginal was June 13, 2012, and under our subpart
2 classifications rule, states had one year from the effective date of
that final rule (i.e., until June 13, 2013) to submit SIP revisions.
ADEQ has not submitted any SIP revisions for the Phoenix-Mesa
nonattainment area in response to the area's classification to
marginal.\25\ However, EPA believes that this does not preclude this
redesignation from being approved, based on (1) EPA's longstanding
policy of evaluating requirements in accordance with the requirements
due at the time the redesignation request is submitted; and (2)
consideration of the inequity of retroactively applying any
requirements that might be applied in the future.
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\25\ In any event, the State of Arizona is not required to
submit further SIP revisions to satisfy additional requirements
under section 182(a)(2)(A) to correct RACT rules for the Phoenix-
Mesa 8-hour ozone nonattainment area because we already determined
that the State had met the VOC RACT requirements under section
182(a)(2)(A). See our proposed rule (70 FR 13425, at 13435, March
21, 2005) and final rule (70 FR 34362, at 34363, June 14, 2005)
redesignating the Phoenix metropolitan area as attainment for the 1-
hour ozone NAAQS. We also note that the State of Arizona previously
submitted, and EPA approved, an ``enhanced'' vehicle inspection and
maintenance (I/M) program that exceeds the requirements of section
182(a)(2)(B) for the Phoenix-Mesa nonattainment area, if those
requirements were applicable for the purposes of redesignation. See
69 FR 2912 (January 22, 2003). Lastly, the State of Arizona
previously submitted, and EPA approved Maricopa County's emissions
statement rule and thereby has complied with section 182(a)(3)(B),
if that requirement were applicable for the purposes of
redesignation for the 1997 8-hour ozone NAAQS. See 70 FR 7038
(February 10, 2005).
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Under EPA's longstanding interpretation of section 170(d)(3)(E) of
the CAA, to qualify for redesignation, states requesting redesignation
to attainment must meet only the relevant SIP requirements that came
due prior to the submittal of a complete redesignation request.\26\ At
the time the redesignation request was submitted (i.e., March 23,
2009), the Phoenix-Mesa nonattainment area was not classified under
subpart 2, and thus, subpart 2 requirements were not yet due for this
area.
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\26\ See the Calcagni memo; see also Memorandum entitled ``State
Implementation Plan (SIP) Requirements for Areas Submitting Requests
for Redesignation to Attainment of the Ozone and Carbon Monoxide
(CO) National Ambient Air Quality Standards (NAAQS) on or after
November 15, 1992,'' from Michael Shapiro, Acting Assistant
Administrator for Air and Radiation dated September 17, 1993;
Redesignation of Detroit-Ann Arbor, Michigan, 60 FR 12459 (March 7,
1995); Sierra Club v. EPA, 375 F.3d 537 (7th Cir. 2004), upholding
this interpretation; and Redesignation of St. Louis, Missouri, 68 FR
25418, 25424, 25427 (May 12, 2003).
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Moreover, it would be inequitable to retroactively apply any new
SIP requirements that were not applicable at the time the request was
submitted. The D.C. Circuit Court has recognized the inequity in such
retroactive rulemakings. See Sierra Club v. Whitman 285 F.3d 63 (D.C.
Cir. 2002), in which the court upheld a district court's ruling
refusing to make retroactive an EPA determination of nonattainment that
was past the statutory due date. Such a determination would have
resulted in the imposition of additional requirements on the area. The
court stated, ``[a]lthough EPA failed to make the nonattainment
determination within the statutory frame, Sierra Club's proposed
solution only makes the situation worse. Retroactive relief would
likely impose large costs on the states, which would face fines and
suits for not implementing air pollution prevention plans in 1997, even
though they were not on notice at the time.'' Id. at 68. Similarly
here, it would be unfair to penalize the Phoenix-Mesa nonattainment
area by applying to it, for purposes of redesignation, additional SIP
requirements under subpart 2 that were not in effect or yet due at the
time it submitted its redesignation request, or the time that the
Phoenix-Mesa nonattainment area attained the 1997 ozone NAAQS.
In the following subsection, we address the following SIP elements:
(1) NSR permit requirements in the nonattainment area (section
172(c)(5)) and (2) transportation conformity provisions related to
interagency consultation and enforceability (section 176(c)(4) and 40
CFR 51.390).
b. Permits for New and Modified Major Sources
To meet the requirements of CAA section 172(c)(5), states must
submit SIP revisions that meet the requirements under 40 CFR 51.165
(``Permit requirements''), and EPA regulations at 40 CFR 51.914, which
extend the SIP requirements of 40 CFR 51.165 to areas designated as
nonattainment for the 1997 8-hour ozone standard.
Under 40 CFR 51.165, states are required to submit SIP revisions
that establish certain requirements for new or modified stationary
sources in nonattainment areas, including provisions to ensure that
major new sources or major modifications of existing sources of
nonattainment pollutants incorporate the highest level of control,
referred to as the lowest achievable emission rate (LAER), and that
increases in emissions from such stationary sources are offset so as to
provide for reasonable further progress towards attainment.
The process for reviewing permit applications and issuing permits
for new or modified stationary sources of air pollution is referred to
as new source review. With respect to new major sources or major
modifications at existing major sources of nonattainment pollutants in
nonattainment areas, this process is referred to as nonattainment NSR
or simply NSR. With respect to new major sources or major modifications
at existing major sources of pollutants for which as area is designated
attainment or unclassifiable, states are required to submit SIP
revisions that ensure that major new stationary sources and major
modifications of existing stationary sources meet the federal
requirements for prevention of significant deterioration (PSD),
including
[[Page 16741]]
application of the best available control technology (BACT) for each
applicable pollutant emitted in significant amounts, among other
requirements.
In the Phoenix-Mesa nonattainment area, EPA, MCAQD, PCAQCD, and
ADEQ share responsibility for issuing permits. EPA has the
responsibility for permit application review and permit issuance for
new or modified stationary sources in Indian country of the Fort
McDowell Yavapai Nation, the Salt River-Pima Maricopa Indian Community,
and the Tohono O'odham Nation. MCAQD and PCAQCD are responsible for
permitting for most stationary sources located within their respective
counties and to portable sources that operate solely within the
boundaries of the counties. ADEQ has jurisdiction over refineries,
copper smelters, coal-fired power plants, Portland cement plants
throughout the State and over sources that operate in multiple counties
or outside the boundaries of Maricopa, Pima, and Pinal counties.
EPA has promulgated nonattainment NSR rules at 40 CFR 49.166
through 49.175 that establish the necessary permitting requirements for
new or modified major stationary sources in the areas of Indian country
located within the Phoenix-Mesa nonattainment area. With respect to
PCAQCD, the existing Arizona SIP does not include rules that meet
nonattainment NSR requirements for Pinal County; however, because the
Pinal County portion of the nonattainment area was newly designated as
nonattainment for ozone in 2004, i.e., had not previously been part of
the Phoenix metropolitan 1-hour ozone nonattainment area, EPA's
regulations in appendix S to 40 CFR part 51 apply until such time as
nonattainment NSR rules meeting the applicable requirements are
approved by EPA as a revision to the Arizona SIP. See 40 CFR 52.24(k).
EPA has not approved nonattainment NSR rules for ADEQ and MCAQD
since the 1980s, and the existing SIP-approved NSR rules do not comply
with all of the current SIP NSR requirements under the CAA, as amended
in 1990, and under 40 CFR 51.165 for ozone nonattainment areas.
However, the existing SIP-approved NSR rules for both ADEQ and MCAQD
meet the basic requirements of a nonattainment NSR program, including
the definition of ``major stationary source'' as any stationary source
in a nonattainment area with a potential to emit 100 tons per year or
more, emissions limitations that constitute LAER, and emissions
reductions to offset emissions increases that would otherwise occur.
See Arizona Administrative Code (AAC) section R9-3-101
(``Definitions'') and section R9-3-302 (``Installation permits for
sources in nonattainment areas''); and Maricopa County Rule 21.0
(``Procedures for Obtaining an Installation Permit''). Also, because
the SIP-approved NSR rules apply ``in any nonattainment area for the
pollutant(s) for which the source is classified as a major source,''
AAC R9-3-302(A), the requirements apply throughout the Phoenix-Mesa
1997 8-hour ozone nonattainment area, except for Indian country and for
sources subject to Pinal County jurisdiction, as discussed above.
Moreover, ADEQ's and MCAQD's SIP-approved NSR rules have served as
a federally-enforceable constraint on the growth of stationary source
emissions, and thus have supported the region's efforts to lower
ambient ozone concentrations in the Phoenix-Mesa area. Those efforts
have resulted in attainment of the standard since 2007 (see table 2,
below) and thus we find that ADEQ's and MCAQD's SIP-approved NSR rules
are likely to continue to support continued attainment of the standard
during the maintenance phase after redesignation.
Therefore, given that a portion of the nonattainment area is
subject to federal rules implementing the nonattainment NSR
requirements (Indian country and the Pinal County portion of the
nonattainment area) and given that the fundamental nonattainment NSR
requirements are approved into the SIP for the other portions of the
nonattainment area, we conclude that the State has met the applicable
NSR requirements for the Phoenix-Mesa eight-hour ozone nonattainment
area for the purposes of redesignation of the area for the 1997 eight-
hour ozone standard.
c. Conformity Requirements
Under section 176(c) of the 1990 CAA Amendments, States are
required to establish criteria and procedures to ensure that federally-
supported or funded projects conform to the air quality planning goals
in the applicable SIP. Section 176(c) further provides that state
conformity provisions must be consistent with federal conformity
regulations that the CAA required EPA to promulgate. EPA's conformity
regulations are codified at 40 CFR Part 93, subparts A (referred to
herein as transportation conformity) and B (referred herein as general
conformity). Transportation conformity applies to transportation plans,
program, and projects developed, funded, and approved under title 23
U.S.C. or the Federal Transit Act. General Conformity applies to all
other federally-supported or funded projects. SIP revisions intended to
address conformity requirements are referred to herein as conformity
SIPs.
The State of Arizona has adopted general conformity procedures,
approved by EPA on April 23, 1999 (65 FR 19916).\27\ The State-adopted
transportation conformity procedures, found at Arizona Revised Statutes
(ARS), Title 18, Chapter 2, Article 14, have not yet been approved by
EPA. EPA, however, believes it is reasonable to interpret the
conformity SIP requirements as not applying for the purposes of a
redesignation request under section 107(d)(3)(E) because state
conformity rules are still required after redesignation and federal
conformity rules apply where state rules have not been approved. \28\
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\27\ In August 2005, Congress passed the Safe, Accountable,
Flexible, Efficient Transportation Equity Act: A Legacy for Users
(SAFETEA-LU), which eliminated the requirement for States to adopt
and submit conformity SIPs addressing general conformity
requirements. See 75 FR 17254 (April 5, 2010) for conforming changes
to EPA's general conformity regulations.
\28\ See Wall v. EPA, 265 F.3d 426, 439 (6th Cir. 2001)
upholding this interpretation.
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C. The Area Must Show the Improvement in Air Quality Is Due to
Permanent and Enforceable Emission Reductions
Section 107(d)(E)(iii) precludes redesignation of a nonattainment
area to attainment unless EPA determines that the improvement in air
quality is due to permanent and enforceable reductions in emissions
resulting from the implementation of the applicable SIP, applicable
federal air pollution control regulations, and other permanent and
enforceable regulations. Under this criterion, the State must be able
to reasonably attribute the improvement in air quality to emissions
reductions that are permanent and enforceable. Attainment resulting
from temporary reductions in emission rates (e.g., reduced production
or shutdown due to temporary adverse economic conditions) or unusually
favorable meteorology would not qualify as an air quality improvement
due to permanent and enforceable emission reductions.
In our proposed (70 FR 13425, March 21, 2005) and final (70 FR
34362, June 14, 2005) redesignation rules for the Phoenix metropolitan
1-hour ozone nonattainment area, we described the numerous stationary
source and mobile source control measures that were approved as part of
the Arizona SIP and that, together with certain federal measures, had
provided for attainment of the 1-hour ozone standard through permanent
and enforceable emissions
[[Page 16742]]
reductions. See, e.g., the table of VOC RACT rules on page 13433 of our
proposed 1-hour ozone redesignation rule at 13425. Significant mobile
source control measures that contributed to attainment and provide for
maintenance of the 1-hour ozone standard included low volatility
cleaner burning gasoline, the federal motor vehicle and nonroad control
programs, and implementation of an enhanced vehicle emissions
inspection (VEI) program. See 70 FR 13425 at page 13430.
The State of Arizona has relied on these same permanent and
enforceable measures to attain the 1997 8-hour ozone standard but added
an additional stationary source rule to the control strategy, Maricopa
County rule 358 (``Polystyrene Foam Operations''), which EPA approved
at 70 FR 30370 (May 26, 2005). In the approved Eight-Hour Ozone
Attainment Plan, MAG quantified the emissions reduction from certain
specific State and local measures, including VEI enhancements, local
transportation improvements, summer gasoline formulation, and a rule
governing polystyrene foam operation, as totaling 6.0 mtpd of VOC in
2008 (a 2.4 percent reduction compared to the 2002 base case) and 13.4
mtpd of NOX (a 4.6 percent reduction compared to the 2002
base case). These reductions have contributed to the overall reduction
in emissions that have provided for attainment of the 1997 8-hour ozone
standard in the Phoenix-Mesa area.
The Eight-Hour Ozone Maintenance Plan relies on monitoring data
(see figure 2-2 in the plan) showing a general downward trend in 8-hour
ozone concentrations in the Phoenix-Mesa area from 2000 through 2008
despite increases of more than 15 percent in population, employment and
vehicle travel, as evidence that the improvement in air quality can
reasonably be attributed to the permanent and enforceable emissions
reductions from the measures described above.
In addition, we reviewed temperature data for Phoenix over this
time period to determine if unusual meteorological conditions could
have played a significant role in attaining the 1997 8-hour ozone
standard in the Phoenix-Mesa area. However, we did not observe any
anomaly over this period relative to long-term averages.\29\ The period
from 2002 to 2008 did not show a trend in declining air temperatures
that would suggest that the observed trend in ozone concentrations was
a result of favorable meteorology. We do recognize that a significant
economic slowdown occurred nationally starting in 2008, and that the
Phoenix-Mesa area was affected, but we note that the downward trend in
ozone concentrations had already been established well before that
time.\30\
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\29\ See memorandum from Rynda Kay, Air Quality Analysis Office,
Air Division, EPA Region IX, entitled ``Meteorological Trend
Analysis for Phoenix-Mesa Area,'' dated November 22, 2013, included
in the docket for this rulemaking.
\30\ Id.
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Based on the evidence discussed above, EPA finds that the
improvement in air quality in the Phoenix-Mesa nonattainment area is
the result of permanent and enforceable emission reductions from
implementation of a combination of control measures. As such, we
propose to find that the criterion for redesignation set forth at CAA
section 107(d)(e)(E)(iii) is satisfied.
D. The Area Must Have a Fully Approved Maintenance Plan Under CAA
Section 175A
Section 175A of the CAA sets forth the elements of a maintenance
plan for areas seeking redesignation from nonattainment to attainment.
We interpret this section of the Act to require, in general, the
following core elements: Attainment inventory, maintenance
demonstration, monitoring network, verification of continued
attainment, and contingency plan. See Calcagni memo, pages 8 through
13.
Under CAA section 175A, a maintenance plan must demonstrate
continued attainment of the applicable NAAQS for at least ten years
after EPA approves a redesignation to attainment. Eight years after
redesignation, the State must submit a revised maintenance plan that
demonstrates continued attainment for the subsequent ten-year period
following the initial ten-year maintenance period. To address the
possibility of future NAAQS violations, the maintenance plan must
contain such contingency provisions that EPA deems necessary to
promptly correct any violation of the NAAQS that occurs after
redesignation of the area. Based on our review and evaluation of the
plan, as detailed below, we are proposing to approve the Eight-Hour
Ozone Maintenance Plan because we believe that it meets the
requirements of CAA section 175A.
1. Attainment Inventories and Projected Future Inventories
A maintenance plan for the 1997 8-hour ozone standard must include
an inventory of emissions of ozone precursors (VOC and NOX)
in the area in order to identify a level of emissions that are
sufficient to attain the 1997 8-hour ozone NAAQS. This inventory must
be consistent with EPA's most recent guidance on emissions inventories
for nonattainment areas available at the time of plan submittal and
should represent emissions during the time period associated with the
monitoring data showing attainment. The inventory must also be
comprehensive, including emissions from stationary point sources, area
sources, nonroad mobile sources, and on-road motor vehicle sources, and
must be based on actual ``ozone season data,'' i.e., summertime
emissions.
MAG selected year 2005 as the year for the attainment inventory in
the Eight-Hour Ozone Maintenance Plan. As shown in table 2, the area
attained the 1997 8-hour ozone standard at the end of 2007 based on
monitoring data collected over the course of the previous three-year
period (2005-2007) during which the calculated design value was less
than the standard. The attainment inventory will generally be the
actual inventory during the time period the area attained the standard,
and year 2005 was one of the years from the three-year period for which
the area first attained the standard. Thus, MAG's selection of 2005 for
the attainment inventory is acceptable.
Table 2--Eight-Hour Ozone Design Values in the Phoenix-Mesa Nonattainment Area
--------------------------------------------------------------------------------------------------------------------------------------------------------
Design value * (parts per million)
Site Agency -----------------------------------------------------------------------
2005-07 2006-08 2007-09 2008-10 2009-11 2010-12
--------------------------------------------------------------------------------------------------------------------------------------------------------
Apache Junction................................ PCAQCD......................... 0.076 0.080 0.075 0.073 0.072 0.074
Blue Point..................................... MCAQD.......................... 0.067 0.064 0.067 0.070 0.072 0.075
Buckeye........................................ MCAQD.......................... 0.065 0.066 0.064 0.064 0.064 0.066
Cave Creek..................................... MCAQD.......................... 0.079 0.078 0.075 0.074 0.075 0.077
[[Page 16743]]
Central Phoenix................................ MCAQD.......................... 0.075 0.074 0.070 0.071 0.071 0.074
Dysart......................................... MCAQD.......................... 0.067 0.067 0.066 0.068 0.070 0.071
Falcon Field................................... MCAQD.......................... 0.076 0.075 0.071 0.070 0.068 0.069
Fountain Hills................................. MCAQD.......................... 0.082 0.079 0.074 0.074 0.073 0.076
Glendale....................................... MCAQD.......................... 0.075 0.074 0.071 0.072 0.072 0.076
High School.................................... SRPMIC......................... ** 0.077 ** 0.076 0.073 0.072 0.072 0.074
Humboldt Mountain.............................. MCAQD.......................... 0.081 0.078 0.074 0.071 0.071 0.075
JLG Supersite.................................. ADEQ........................... 0.076 0.076 0.075 0.075 0.075 0.076
Lehi........................................... SRPMIC......................... ** 0.079 0.074 0.074 0.073 0.072 0.073
North Phoenix.................................. MCAQD.......................... 0.082 0.081 0.076 0.077 0.077 0.081
Pinnacle Peak.................................. MCAQD.......................... 0.078 0.074 0.072 0.073 0.074 0.077
Red Mountain................................... SRPMIC......................... 0.083 0.080 0.076 0.076 0.076 0.077
Rio Verde...................................... MCAQD.......................... 0.083 0.080 0.075 0.072 0.073 0.074
Senior Center.................................. SRPMIC......................... 0.076 0.075 0.072 0.072 0.072 0.074
South Phoenix.................................. MCAQD.......................... 0.072 0.072 0.071 0.072 0.072 0.076
South Scottsdale............................... MCAQD.......................... 0.078 0.077 0.075 0.074 0.074 0.077
Tempe.......................................... MCAQD.......................... 0.077 0.077 0.073 0.071 0.068 0.070
West Chandler.................................. MCAQD.......................... 0.076 0.076 0.073 0.073 0.072 0.074
West Phoenix................................... MCAQD.......................... 0.074 0.078 0.073 0.073 0.073 0.078
--------------------------------------------------------------------------------------------------------------------------------------------------------
* The design value is the three-year average of the annual fourth-highest daily maximum 8-hour average ozone concentration.
** Design values do not meet the completeness requirements of 40 CFR part 50, appendix I.
The attainment year emission inventory for 2005 in the Eight-Hour
Ozone Maintenance Plan is generally consistent with the 2005 Periodic
Emission Inventory (PEI) emissions estimates for Maricopa County and
the Phoenix-Mesa nonattainment area. The PEI was calculated in terms of
annual emissions and ozone season-day emissions.
Emissions from point sources were estimated from each identified
facility through permit system databases and annual emissions reports
submitted to the facility's permitting authority. Emissions from area
sources were estimated by source category using information from permit
databases and previous SIP inventories. MAG estimated nonroad mobile
source emissions using EPA's NONROAD2005 model, and estimated on-road
motor vehicle source emissions using EPA's MOBILE6.2 model. On-road
vehicle emissions estimates reflect estimates of vehicle miles traveled
(VMT) using data from U.S. Department of Transportation's 2005 Highway
Performance and Monitoring System. Biogenic emissions of NOX
and VOC were calculated using the Model of Emissions of Gases and
Aerosols from Nature (MEGAN) with input including emissions rates
developed from measurements made of the dominant plant species in
Maricopa County, locations and biomass densities of the dominant plant
species, and surface temperature data. See 2005 Periodic Emissions
Inventory for ozone precursors in volume 1 of the appendices to the
Eight-Hour Ozone Maintenance Plan.
For the Eight-Hour Ozone Maintenance Plan, MAG adjusted and
supplemented the 2005 PEI ozone precursor emissions estimates developed
using the methods described above to develop emissions estimates for an
area referred to as the inner modeling domain (``modeling domain''), a
rectangular area encompassing all of the nonattainment area and largely
defined by the boundaries of the irregularly-shaped nonattainment area.
See figure II-1 of MAG's technical support document (TSD) for the
Eight-Hour Ozone Maintenance Plan for an illustration of the modeling
domain. The modeling domain defines the area for which MAG modeled
ozone concentrations.
MAG developed modeling-domain emissions estimates for 2005 for the
June, July, and August episodes that were modeled for the approved
Eight-Hour Ozone Attainment Plan. See table 3 below for a summary of
modeling domain emissions estimates by source category for year 2005
for the June modeling episode. The 2005 attainment year inventory
includes credit for committed control measures that were in place
during the summer of 2005. See table 3-5 of the Eight-Hour Ozone
Maintenance Plan.
[[Page 16744]]
Table 3--2005 and Projected 2019 and 2025 VOC and NOX Emissions for the Phoenix-Mesa Modeling Domain for June Ozone Episode
[Metric tons per day] \a\
--------------------------------------------------------------------------------------------------------------------------------------------------------
NOX VOC
Source category -----------------------------------------------------------------------------------------------
2005 2019 2025 2005 2019 2025
--------------------------------------------------------------------------------------------------------------------------------------------------------
Point................................................... 10.9 58.6 59.1 11.1 16.7 18.7
Area.................................................... 19.6 27.7 31.1 79.2 111.4 124.8
Nonroad Mobile.......................................... 77.7 43.9 37.9 40.3 48.7 31.8
On-road Motor Vehicles.................................. 154.3 125.8 109.8 72.1 30.9 47.9
Biogenics............................................... 8.6 8.6 8.6 451.3 451.3 451.3
-----------------------------------------------------------------------------------------------
Total............................................... 271.1 264.4 246.4 653.9 659.0 674.4
--------------------------------------------------------------------------------------------------------------------------------------------------------
\a\ Emissions reflect a specific day of the week (Thursday) during the June ozone episode.
Sources: Eight-Hour Ozone Maintenance Plan at tables 3-6 and 3-7; table 1 of the Maintenance Plan Supplement.
As shown in table 3, in the 2005 attainment year inventory for the
modeling domain, biogenic sources contributed approximately 70 percent
to total VOC emissions. In contrast, on-road motor vehicles dominated
the total NOX emissions and accounted for 60 percent of
total NOX.
In addition to 2005 values, table 3 above also summarizes MAG's VOC
and NOX emissions estimates for an interim year (2019) and
the maintenance plan's horizon year (2025). The projected emission
inventories for 2019 and 2025 were based on the use of growth factors,
on-going emissions control programs, and retirement rates for obsolete
sources. The Eight-Hour Ozone Maintenance Plan includes MAG's 2025
emissions estimates and related documentation, while MAG's 2019
interim-year emissions estimates and documentation are found in a
separate MAG document, entitled ``Analysis of the Interim Year 2019 as
a Supplement to the 2009 MAG Eight-Hour Ozone Redesignation Request and
Maintenance Plan for the Maricopa Nonattainment Area,'' dated June 17,
2013 (``Maintenance Plan Supplement'').
MAG used growth factors to project emissions in 2019 and 2025 for
point and area sources based on population and employment projections
approved by the MAG Regional Council in May 2007. MAG included
population and employment growth projections for 2016 and 2021 in the
Maintenance Plan Supplement and projected emissions for 2019 from
interpolation of the projected emissions for 2016 and 2021. MAG used a
compound annual growth rate for population of 2.6 percent between 2005
and 2016. The actual compound annual growth rate between 2005 and 2011,
based on the 2005 Special Census for Maricopa County and the 2010
Census, was 0.8 percent. Because the population of Maricopa County grew
more slowly than projected, MAG expects the emission inventories
related to the socioeconomic projections for the interim and horizon
years to be conservatively overestimated.
MAG used different growth factors for different source types within
each source category (e.g., specific stationary point sources excluding
power plants, specific categories of area sources such as dry
cleaners). For nonroad mobile sources, MAG derived growth factors from
the EPA NONROAD2005 model defaults for Maricopa County. The growth
factors are listed in Appendix IV-vii to Appendix A, Exhibit 2 of the
Eight-Hour Ozone Maintenance Plan and generally range from 1 to 1.8.
For power plants, MAG estimated future emissions based on the
facility's potential to emit (PTE), i.e., the maximum levels allowed
under existing permits. MAG estimated on-road motor vehicle emissions
based on the same population and employment projections used to
estimate point and area sources, but increased on-road source emissions
of VOC and NOX by 10 percent to provide safety margins for
the motor vehicle emission budgets for transportation conformity.
For biogenic emissions, the 2005 inventory was held constant for
2019 and 2025. In the approved Eight-Hour Ozone Attainment Plan, MAG
similarly held biogenic emissions constant, compared to the 2002 base
year inventory, when demonstrating attainment with the standard by 2008
(see tables 5-3 and 5-4 in the Eight-Hour Ozone Attainment Plan). In
additional information provided to EPA during our review of the Eight-
Hour Ozone Attainment Plan, MAG explained that no projected land use or
land cover data was available for the 2008 attainment year, therefore
biogenic emissions in the ozone modeling domain were held constant. As
discussed in greater detail in our proposed rulemaking to approve the
Eight-Hour Ozone Attainment Plan, MAG expected that the trend of
increasing urbanization in the Phoenix-Mesa nonattainment area would be
expected to decrease biogenic VOC emissions in Maricopa County. Because
MAG did not have 2008 land use data available, it determined that
maintaining constant biogenic emissions of the ozone precursors would
be more conservative than attempting to estimate the anticipated
decrease in biogenic VOC emissions. See 77 FR 21690 at 21694 (April 11,
2012). This rationale similarly applies to the use of a constant
biogenic emissions value for each ozone episode in the Eight-Hour Ozone
Maintenance Plan.
The Eight-Hour Ozone Maintenance Plan builds upon the control
strategy developed for attainment and maintenance of the 1-hour ozone
standard and the control strategy developed for attainment of the 1997
8-hour ozone standard. The plan specifically cites and quantifies the
emissions reductions from seven control measures for maintenance
demonstration purposes in the Phoenix-Mesa area through year 2025.
These measures include one federal control measure, a measure referred
to as ``Federal Nonroad Equipment Emission Standards,'' and six State
or local control measures. All of these measures have been approved
into the Arizona SIP, or, in the case of the federal nonroad equipment
emission standards, have been promulgated by EPA as regulations
published in the CFR:
Summer fuel reformulation, approved as part of Arizona's
cleaner burning gasoline regulations at 69 FR 10161 (March 4, 2004);
Phased-In emission test cutpoints and one-time waiver from
vehicle emissions test, approved as part of the Arizona vehicle
emissions inspection and maintenance program at 69 FR 2912 (January 22,
2003);
[[Page 16745]]
Tougher enforcement of vehicle registration and emission
test compliance, as set forth in ARS 49-552 (``Enforcement on city,
town, county, school district or special district property''), approved
at 70 FR 11553 (March 9, 2005); and 49-541.01 (paragraphs D and E) \31\
(``Vehicle emissions inspection program; constant four wheel drive
vehicles; requirements; location; violation; classification; penalties;
new program termination''), approved at 70 FR 11553 (March 9, 2005);
---------------------------------------------------------------------------
\31\ These provisions are now codified in ARS 49-550
(``Violation; Classification; Civil Penalty'').
---------------------------------------------------------------------------
Federal (tier 4) nonroad equipment emissions standards,
promulgated in 40 CFR part 1039 at 69 FR 38958 (June 29, 2004);
Expansion of Area A boundaries, as set forth in ARS 49-541
(``Definitions''), approved at 78 FR 30209 (May 22, 2013); and
Ban open burning during the ozone season, as set forth in
ARS 49-501 (``Unlawful open burning; exceptions; fine; definition''),
approved in a final rule signed by the EPA Region IX Regional
Administrator on December 16, 2013 (not yet published in the Federal
Register).
Table 4 shows the projected emission reductions developed by MAG
from the seven maintenance measures during the June ozone episode. Of
the seven maintenance measures in the Phoenix-Mesa Maintenance Plan,
the federal nonroad equipment emission standards represents the largest
reduction in VOC and NOX emissions from an individual
maintenance measure.
Table 4--2025 Emission Reductions From Individual Maintenance Measures in the Phoenix-Mesa 8-Hour Ozone Modeling
Domain
----------------------------------------------------------------------------------------------------------------
VOC NOX
---------------------------------------------------------------------------
Maintenance measure Percent reduction Percent reduction
Reduction (metric in anthropogenic Reduction (metric in anthropogenic
tons per day) emissions tons per day) emissions
----------------------------------------------------------------------------------------------------------------
Summer Fuel Reformulation 1.3 0.5 0.4 (increase) 0.1 (increase).
Phased-In Emission Test Cutpoints < 0.1 < 0.1 < 0.1 < 0.1.
One-Time Waiver from Vehicle 0.2 < 0.1 0.3 0.1.
Emissions Test
Tougher Enforcement of Vehicle 0.2 < 0.1 0.4 0.1.
Registration and Emission Test
Compliance
Federal Nonroad Equipment Emission 19.3 7.9 47.2 16.5.
Standards
Expansion of Area A Boundary 0.2 < 0.1 0.4 0.1.
Ban Open Burning During Ozone Season < 0.1 < 0.1 < 0.1 < 0.1.
----------------------------------------------------------------------------------------------------------------
Source: Eight-Hour Ozone Maintenance Plan, table 3-2.
As shown in table 3, NOX emissions from point sources is
projected to increase dramatically between 2005 and the interim and
horizon years of 2019 and 2025, primarily due to MAG's conservative
assumption that power plants in the future would operate at their PTE.
Emissions of NOX from area sources are also estimated to be
higher in the interim and horizon years. MAG projected that emissions
from nonroad sources would decrease due to the implementation of
federal emission standards for nonroad equipment (see Table 4).
Emissions of NOX from on-road motor vehicles are also
projected to decrease notwithstanding the 10% increase added to the
2025 motor vehicle emissions estimates (to provide for a safety margin
for transportation conformity purposes), due to the continuing benefit
of the federal motor vehicle control program and the turnover of older
model cars to newer models designed to meet more stringent EPA
emissions standards. Overall, between 2005 and 2025, MAG projected
total emissions of NOX to decrease by nearly 25 mtpd for the
June ozone episode.
As shown in table 3, MAG projected that VOC emissions from point
and area sources will increase over the 2005 to 2025 time frame.
Emissions from VOC from nonroad and on-road mobile sources are
projected to decrease between 2005 and 2025, notwithstanding the 10%
safety margin added to 2025 motor vehicle emissions estimates for the
same reasons given above for NOX. Emissions of biogenic VOC
are projected to remain constant, as discussed above. Overall, MAG
projected total emissions of VOC in 2025 to increase by approximately
20 mtpd for the June ozone episode as compared to 2005.
Based on our review of the emission inventories (and related
documentation) from the Eight-Hour Ozone Maintenance Plan, we find that
the inventory for 2005 is comprehensive, that the methods and
assumptions used by MAG to develop the 2005 emission inventory are
reasonable, and that the inventory reasonably estimates actual ozone
season emissions in an attainment year. Moreover, we find that the 2005
emission inventory reflects the latest planning assumptions and
emission models available at the time the plan was developed, and
provide a comprehensive and reasonably accurate basis upon which to
forecast ozone precursor emissions for years 2019 and 2025.
2. Maintenance Demonstration
CAA section 175A(a) requires that the maintenance plan ``provide
for the maintenance of the national primary ambient air quality
standard for such air pollutant in the area concerned for at least 10
years after the redesignation.'' Generally, a state may demonstrate
maintenance of the 1997 ozone standard by either showing that future
emissions will not exceed the level of the attainment year inventory or
by modeling to show that the future mix of sources and emissions rates
will not cause a violation of the NAAQS. For areas that are required
under the Act to submit modeled attainment demonstrations, the
maintenance demonstration should generally use the same type of
modeling as used for the attainment demonstration. See Calcagni memo,
page 9.
On June 13, 2012 (77 FR 35286), EPA published a final approval of
the Eight-Hour Ozone Attainment Plan, which demonstrated attainment of
the 1997 8-
[[Page 16746]]
hour ozone NAAQS in the Phoenix-Mesa nonattainment area by June 15,
2009. Consistent with EPA's ``Guidance on the Use of Models and Other
Analyses for Demonstrating Attainment of Air Quality Goals for the 8-
Hour Ozone and PM2.5 NAAQS and Regional Haze'' (``EPA
Modeling Guidance''), the Eight-Hour Ozone Attainment Plan included the
following components: A conceptual description of the area's
nonattainment problem, a modeling protocol, model selection and set-up,
selection and evaluation of ozone episodes to model, meteorological and
emissions input data preparation, model performance evaluations for the
photochemical and meteorological models, the modeled attainment test,
and a weight of evidence evaluation. See Eight-Hour Ozone Attainment
Plan, chapter 3 and appendix A, exhibit 2. EPA evaluated these
components and found that they provided an adequate basis for the
attainment demonstration. See 77 FR 21690, at 21697-21699.
For the modeled 10-year maintenance test, MAG selected the same
photochemical and meteorological-input models and set-up and the same
high-ozone episodes to model as evaluated in the Eight-Hour Ozone
Attainment Plan. As such, we are not reassessing the modeling protocol,
choice of ozone episodes, and model performance. Here, the model was
used to predict the effect of changes in emissions due to land use
changes, growth, and the effect of control measures from a baseline
emission year of 2005 to maintenance years 2019 and 2025.\32\ The
resulting concentrations were used to evaluate the impact of emission
changes during the high-ozone episode-specific meteorological
conditions. See Eight-Hour Ozone Maintenance Plan (chapter 3 and
appendix A, exhibit 2) and the Maintenance Plan Supplement.
---------------------------------------------------------------------------
\32\ We evaluate the emissions inventory for the baseline and
maintenance years in section V.D.1., above.
---------------------------------------------------------------------------
Under EPA Modeling Guidance, the model is used to develop relative
response factors (RRFs) that give the model's response to emission
changes, and the RRFs are applied to monitored design value
concentrations to arrive at the predicted future concentrations. The
particulars of the calculation, and which model grid cells and modeled
days are to be included, are specified in the EPA Guidance. See EPA
Modeling Guidance, pages 15, 25, and 155. MAG assessed the 2019 and
2025 effects and found the maximum predicted ozone design value to be
0.081 parts per million (ppm) in 2019 and 0.081 ppm in 2025. All values
equal to or less than 0.084 ppm meet the 1997 8-hour ozone NAAQS, and
thus, the modeling results predict continued maintenance of the 1997 8-
hour ozone NAAQS in the Phoenix-Mesa area for at least ten years beyond
redesignation (assuming redesignation of the area before 2016).
In addition to a modeled maintenance demonstration, which focuses
on locations with an air quality monitor, EPA generally requires an
unmonitored area analysis. This analysis is intended to ensure that a
control strategy leads to maintenance of the NAAQS in other locations
that have no monitor but that might have base year (and/or future year)
ambient ozone levels exceeding the NAAQS. The unmonitored area analysis
uses a combination of model output and ambient data to identify areas
that might exceed the NAAQS if monitors were located there. In order to
examine unmonitored areas in all portions of the modeling domain, EPA
recommends use of interpolated spatial fields of ambient data combined
with gridded modeled outputs. See EPA Modeling Guidance, page 29. MAG
used the EPA developed Modeled Attainment Test Software (MATS) Version
2.0.1 to conduct this analysis. The maximum design values from this
analysis were 0.083 ppm in 2019 and 0.083 ppm in 2025, i.e., in
attainment of the 1997 8-hour ozone NAAQS. See Maintenance Plan
Supplement.
Based on our prior approval of MAG's photochemical modeling
approach for 8-hour ozone attainment demonstration purposes and because
we find MAG's application of the same basic approach to the 8-hour
ozone maintenance demonstration to be reasonable, we accept the results
of MAG's modeling as a sufficient demonstration that the plan provides
for maintenance of the 1997 8-hour ozone NAAQS in the Phoenix-Mesa area
through the first ten years after redesignation to attainment.
Therefore, we propose to find that the Eight-Hour Ozone Maintenance
Plan meets the maintenance demonstration requirements under CAA section
175A(a).
3. Monitoring Network
Continued ambient monitoring of an area is generally required over
the maintenance period. As discussed in section V.A. of this document,
ozone is currently monitored by ADEQ, MCAQD, and PCAQCD at a total of
20 sites within the Phoenix-Mesa 1997 8-hour ozone nonattainment area.
ADEQ and MCAQD monitors represent 19 of the 20 sites.
The Eight-Hour Ozone Maintenance Plan (see page 3-21 of the plan)
indicates that ADEQ and MCAQD will continue to operate an appropriate
air quality monitoring network in accordance with 40 CFR part 58 to
verify continued attainment of the 1997 8-hour ozone NAAQS. Further, if
there is significant change to parameters such as population, vehicle
miles of travel, or significant sources, ADEQ and MCAQD will undertake
studies to determine if it is appropriate to re-site monitors or add
additional monitors to the network. Lastly, the Eight-Hour Ozone
Maintenance Plan takes note of the annual review by EPA of State and
local ambient monitoring network plans under 40 CFR part 58 as
providing a continuing means for ensuring the adequacy of the ozone
monitoring network in the Phoenix-Mesa area.
We note that PCAQCD is not cited in the subsection on an approved
monitoring network and verification of continued attainment in the
Eight-Hour Maintenance Plan, but find the failure to include PCAQCD in
the plan's discussion of continued monitoring and verification of
continued attainment to be harmless error because the applicable
monitoring requirements in 40 CFR part 58 will continue to apply to
PCAQCD's ozone monitor regardless of our approval of the maintenance
plan and redesignation request and because the overall ozone monitoring
network operated by ADEQ and MCAQD alone (i.e., 19 of 20 NAMS and SLAMS
stations) is sufficient to meet ozone monitoring requirements in the
Phoenix-Mesa are. Therefore, for the reasons given above, EPA finds
that the Eight-Hour Maintenance Plan adequately provides for continued
ambient ozone monitoring in the Phoenix-Mesa area.
4. Verification of Continued Attainment
Each State should ensure that it has the legal authority to
implement and enforce all measures necessary to attain and to maintain
the NAAQS. Previously, in taking action to approve the various measures
that the State is relying on for attainment and maintenance of the 1997
8-hour ozone NAAQS, such as the cleaner burning gasoline regulations
and the vehicle emissions inspection (VEI) program, we determined that
the State has the necessary legal authority to implement and enforce
the measures and find no sunset clauses that would be triggered for
these control measures upon redesignation to attainment. We are,
however, aware of Arizona Revised Statutes (ARS) section 41-3017.01
which provides for the termination of the VEI on January 1, 2017, but
recognize that the Arizona Legislature has at various intervals in the
past
[[Page 16747]]
extended the termination date for the VEI program and expect it to do
so again before 2017. We also find that the applicable State, regional,
and county agencies, such as ADEQ, the Arizona Department of Weights
and Measures, Arizona Department of Transportation (DOT), MAG, Maricopa
County, Pinal County, and local cities and towns, have the necessary
authority to adopt, implement, and enforce any emission control
contingency measures determined to be necessary to correct ozone NAAQS
violations.
To verify continued attainment, in addition to continuing to
operate an ozone monitoring network that meets EPA ambient air quality
surveillance requirements, MCAQD will continue to update the emissions
inventory for ozone precursors in the Phoenix-Mesa area every three
years with input and assistance from ADEQ, Arizona DOT, and MAG. These
emissions inventory updates will provide a means with which to track
emissions relative to those projected in the maintenance plan, and
thereby verify the continued attainment of the NAAQS.
Lastly, the transportation conformity process, which requires a
comparison of on-road motor vehicle emissions that would occur under
new or amended transportation plans and programs with the motor vehicle
emissions budgets in the Eight-Hour Ozone Maintenance Plan, represents
another means by which to verify continued attainment of the 1997 8-
hour ozone NAAQS in the Phoenix-Mesa area, given the importance of
motor vehicle emissions to the overall emissions inventories of ozone
precursors. See pages 3-14 and 3-15 of the Eight-Hour Ozone Maintenance
Plan. These methods are sufficient for the purpose of verifying
continued attainment.
5. Contingency Provisions
Section 175A(d) of the Act requires that maintenance plans include
contingency provisions, as EPA deems necessary, to promptly correct any
violations of the NAAQS that occur after redesignation of the area.
Such provisions must include a requirement that the State will
implement all measures (with respect to the control of the air
pollutant concerned) that were contained in the SIP for the area before
redesignation of the area as an attainment area.
Under section 175A(d), contingency measures identified in the
contingency plan do not have to be fully adopted at the time of
redesignation. However, the contingency plan is considered to be an
enforceable part of the SIP and should ensure that the contingency
measures are adopted expeditiously once they are triggered by a
specified event. The maintenance plan should clearly identify the
measures to be adopted, a schedule and procedure for adoption and
implementation, and a specific timeline for action by the State. As a
necessary part of the plan, the State should also identify specific
indicators or triggers that will be used to determine when the
contingency measures need to be implemented.
As required by section 175A of the CAA, MAG adopted a contingency
plan to address possible future ozone air quality problems. See page 3-
21 of the Eight-Hour Ozone Maintenance Plan. The plan includes both
specific contingency measures that have already been adopted and are
being implemented early \33\ and a mechanism to trigger the adoption of
additional measures as needed. The specific contingency measures, which
are described in more detail in section IV-7-2 of MAG's TSD for the
Eight-Hour Ozone Maintenance Plan (appendix A, exhibit 2 of the plan),
are:
---------------------------------------------------------------------------
\33\ MAG followed the August 13, 1993 EPA guidance memorandum
entitled ``Early Implementation of Contingency Measures for Ozone
and Carbon Monoxide (CO) Nonattainment Areas.''
---------------------------------------------------------------------------
Gross Polluter Option for I/M Program Waivers;
Increased Waiver Repair Limit Options;
Federal Heavy Duty Diesel Vehicle Emissions Standards;
Coordinate Traffic Signal Systems;
Develop Intelligent Transportation Systems; and
Liquid Leaker Test as Part of Vehicle Emissions Inspection
Program.
Two of the measures, ``coordinate traffic signal systems'' and
``develop intelligent transportation systems,'' are control measures
that the Eight-Hour Ozone Attainment Plan had relied upon to
demonstrate attainment of the standard. As noted above, CAA section
175A(d) requires contingency plans to include a requirement that the
State will implement all measures with respect to the control of the
air pollutant concerned that were contained in the SIP for the area
before redesignation of the area as an attainment area, i.e., if
triggered under the terms of the contingency plan. In the case of these
two specific contingency measures, we do not believe that the
contingency plan must include a specific requirement to resume their
implementation, i.e., if triggered, because the measures themselves
continue to be implemented by the relevant agencies. The Eight-Hour
Ozone Maintenance Plan simply does not rely on emissions reductions
from them to demonstrate maintenance through 2025. The emissions
reductions from the other contingency measures listed above are also
not included in the projected emissions inventory, and no emission
reduction credit was taken for these measures in the modeling for the
maintenance demonstration. As noted in the maintenance plan,
implementation of these measures should provide additional assurance
that the 1997 ozone standard will be maintained through 2025.
In addition to the previously implemented contingency measures
listed above, the plan includes a commitment to examine ambient air
quality data to determine if additional contingency measures are
needed. If the three-year average of the annual fourth highest daily 8-
hour ozone concentration exceeds 84 parts per billion at any ozone
monitor, additional control measures will be considered. The plan
requires that (1) the monitoring data will be verified within three
months after the activation of the trigger; (2) control measures will
be considered for adoption six months after the date established in
(1); and (3) the resultant committed measures will be implemented
within six to twelve months, depending on the time needed to put the
measures in place.
Upon our review of the plan, as summarized above, we find that the
contingency provisions of the Eight-Hour Ozone Maintenance Plan
identify specific contingency measures, contain tracking and triggering
mechanisms to determine when contingency measures are needed, and
contain specific timelines for action. Accordingly, we conclude that
the contingency provisions of the Eight-Hour Ozone Maintenance Plan are
adequate to ensure prompt correction of a violation and therefore
comply with section 175A(d) of the Act.
6. Subsequent Maintenance Plan Revisions
CAA section 175A(b) provides that States shall submit a SIP
revision eight years after redesignation that provides for maintaining
the NAAQS for an additional ten years. The Eight-Hour Ozone Maintenance
Plan includes MAG's commitment to prepare the revised maintenance plan
eight years after redesignation to attainment. See page 3-22 of the
Eight-Hour Ozone Maintenance Plan.
7. Motor Vehicle Emissions Budgets
Transportation conformity is required by section 176(c) of the CAA.
Our transportation conformity rule (codified in 40 CFR part 93, subpart
A) requires
[[Page 16748]]
that transportation plans, programs, and projects conform to SIPs, and
establishes the criteria and procedures for determining whether or not
they do so. Conformity to the SIP means that transportation activities
will not produce new air quality violations, worsen existing
violations, or delay timely attainment of the national ambient air
quality standards or any interim milestones.
Maintenance plan submittals must specify the emissions of
transportation-related VOC and NOX emissions allowed in the
last year of the maintenance period, i.e., the motor vehicle emissions
budgets (MVEBs or budgets). The MVEBs serve as a ceiling on emissions
that would result from an area's planned transportation system. The
MVEB concept is further explained in the preamble to the November 24,
1993, transportation conformity rule (58 FR 62188). The preamble
describes how to establish MVEBs in the SIP and how to revise the MVEBs
if needed.
The submittal must also demonstrate that these emissions levels,
when considered with emissions from all other sources, are consistent
with maintenance of the NAAQS. In order for us to find these emissions
levels or ``budgets'' adequate and approvable, the submittal must meet
the conformity adequacy provisions of 40 CFR 93.118(e)(4) and (5). For
more information on the transportation conformity requirement and
applicable policies on MVEBs, please visit our transportation
conformity Web site at: http://www.epa.gov/otaq/stateresources/transconf/index.htm.
EPA's process for determining adequacy of a MVEB consists of three
basic steps: (1) Providing public notification of a SIP submission; (2)
providing the public the opportunity to comment on the MVEB during a
public comment period; and (3) making a finding of adequacy based on
our initial review of the submitted SIP. The process for determining
the adequacy of a submitted MVEB is codified at 40 CFR 93.118.
The availability of the SIP submission with MVEBs was announced for
public comment on EPA's Adequacy Web site on April 27, 2009 at: http://www.epa.gov/otaq/stateresources/tansconf/currsips.htm, which provided a
30-day public comment period. The comment period for this notification
ended on May 28, 2009, and EPA received no comments from the public.
Note, however, that a second mechanism is also provided for EPA review
and public comment on MVEBs, as described in 40 CFR 93.118(f)(2). This
mechanism provides for EPA's review of the adequacy of an
implementation plan MVEB simultaneously with its review and approval or
disapproval of the submitted plan itself. In this instance, EPA used
the web notification discussed above to solicit public comments on the
adequacy of the Phoenix-Mesa MVEBs in the Eight-Hour Ozone Maintenance
Plan, but is taking comment on the approvability of the submitted MVEBs
through this proposed rule. Any and all comments on the approvability
of the Eight-Hour Ozone Maintenance Plan MVEBs should be submitted
during the comment period stated in the DATES section of this document.
The Eight-Hour Ozone Maintenance Plan contains new VOC and
NOX MVEBs for the Phoenix-Mesa area for 2025.\34\ MAG
developed the budgets for the 2025 maintenance year by using geographic
information systems (GIS) to separate the on-road motor vehicle
emissions in the Phoenix-Mesa air quality planning area from the larger
ozone modeling domain, resulting in MVEBs of 43.8 metric tons per day
(mtpd) of VOC and 101.8 mtpd of NOX. The MVEBs include a 10%
safety margin \35\ and correspond to the peak episode day (Thursday) in
June 2025 that was used to model maintenance of the 1997 8-hour ozone
NAAQS in the Phoenix-Mesa area in the Eight-Hour Ozone Maintenance
Plan.
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\34\ The derivation of the MVEBs is discussed in MAG's emissions
inventory, which was included in the Eight-Hour Ozone Maintenance
Plan submittal as Appendix A, Exhibit 1 (pages 99-110), and in
Section IV-2 of MAG's TSD, which was included in the Eight-Hour
Ozone Maintenance Plan submittal as Appendix A, Exhibit 2.
Additional discussion of the on-road emissions budgets is included
in Section IV-9 of the TSD.
\35\ MAG increased the 2025 VOC and NOX emissions
from on-road motor vehicle sources in the eight-hour ozone modeling
domain in order to address the ``inherent uncertainties associated
with the use of the latest planning assumptions in conformity
analyses.'' MAG distributed the increase spatially ``based on the
proportion of onroad mobile emissions assigned to each four
kilometer grid cell.'' See page 3-20 of the Eight-Hour Ozone
Maintenance Plan.
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To estimate motor vehicle emissions for the Eight-Hour Ozone
Maintenance Plan and related MVEBs, MAG used the version of EPA's motor
vehicle emissions factor model (MOBILE6.2) that was current at the time
the emissions estimates were prepared. The calculated emission factors
were multiplied by the estimates of vehicle miles of travel (VMT) to
generate emission estimates for on-road motor vehicle sources. The
projected emissions inventory and related MVEBs take into account
expected growth in VMT and reductions from the maintenance measures,
but do not include reductions from implementation of the contingency
measures.
The MVEBs are consistent with the 2025 on-road motor vehicle source
VOC and NOX emissions included in the Eight-Hour Ozone
Maintenance Plan's 2025 emission inventory, as summarized above in
table 3, above. The conformity rule (40 CFR 93.124(a)) allows for a
safety margin, and even with the 10 percent safety margin added to the
on-road emissions, the overall emissions in the Phoenix-Mesa area are
consistent with continued maintenance of the 1997 ozone standard.
EPA is proposing to approve the MVEBs for 2025 as part of our
approval of the Eight-Hour Ozone Maintenance Plan for the Phoenix-Mesa
area. We have determined that the MVEB emission targets are consistent
with emission control measures in the SIP and that the Phoenix-Mesa
area can maintain the 1997 8-hour ozone NAAQS for ten years beyond
redesignation. The details of EPA's evaluation of the MVEBs for
compliance with the budget adequacy criteria of 40 CFR 93.118(e) are
provided in a separate memorandum included in the docket of this
rulemaking.\36\
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\36\ See EPA memorandum dated October 31, 2013 entitled
``Adequacy Documentation for Motor Vehicle Emission Budgets in the
February 2009 Ozone Maintenance State Implementation Plan for the
Phoenix-Mesa Nonattainment Area.''
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If we finalize this action as proposed, we will make the adequacy
finding for the 2025 MVEBs in the final rule in which we approve the
Eight-Hour Ozone Maintenance Plan. Pursuant to 40 CFR
93.118(f)(2)(iii), our adequacy finding will be effective upon
publication of the final rule in the Federal Register. Once found
adequate, MAG and the U.S. Department of Transportation must use these
new budgets for 2025 in conformity analyses with applicable horizon
years after 2024. The 2008 MVEBs established in MAG's Eight-Hour Ozone
Attainment Plan, which EPA previously approved (77 FR 35285), also
remain in effect. On-road motor vehicle emissions in any required
analysis years up to and including 2024 cannot exceed levels
established by those previously-approved MVEBs.
VI. Proposed Action and Request for Public Comment
Under CAA section 110(k)(3), and for the reasons set forth above,
EPA is proposing to approve ADEQ's submittal dated March 23, 2009 of
the MAG Eight-Hour Ozone Redesignation Request and Maintenance Plan for
the Maricopa Nonattainment Area (February 2009)
[[Page 16749]]
(``Eight-Hour Ozone Maintenance Plan'') as a revision to the Arizona
state implementation plan (SIP). In connection with the Eight-Hour
Ozone Maintenance Plan, EPA finds that the maintenance demonstration
showing how the area will continue to attain the 1997 8-hour ozone
NAAQS for 10 years beyond redesignation and the contingency provisions
describing the actions that the relevant State, regional, and local
agencies will take in the event of a future monitored violation meet
all applicable requirements for maintenance plans and related
contingency provisions in CAA section 175A. EPA is also proposing to
approve the motor vehicle emissions budgets in the Eight-Hour Ozone
Maintenance Plan because we find they meet the applicable
transportation conformity requirements under 40 CFR 93.118(e). The
motor vehicle emissions budgets, 43.8 mtpd of VOC and 101.8 mtpd of
NOX, include a 10% safety margin and correspond to the peak
episode day (Thursday) during the June 2025 ozone episode that was used
to model maintenance of the 1997 8-hour ozone NAAQS in the Phoenix-Mesa
area in the Eight-Hour Ozone Maintenance Plan.
Second, under CAA section 107(d)(3)(D), we are proposing to approve
ADEQ's request, which accompanied the submitted of the maintenance
plan, to redesignate the Phoenix-Mesa 8-hour ozone nonattainment area
to attainment for the 1997 8-hour ozone NAAQS. We are doing so based on
our conclusion that the area has met the five criteria for
redesignation under CAA section 107(d)(3)(E). Our conclusion in this
regard is in turn based on our proposed determination that the area has
attained the 1997 8-hour ozone NAAQS, that relevant portions of the
Arizona SIP are fully approved, that the improvement in air quality is
due to permanent and enforceable reductions in emissions, that Arizona
has met all requirements applicable to the Phoenix-Mesa 8-hour ozone
nonattainment area with respect to section 110 and part D of the CAA,
and based on our proposed approval as part of this action of the Eight-
Hour Ozone Maintenance Plan.
EPA is soliciting public comments on the issues discussed in this
document or on other relevant matters. We will accept comments from the
public on this proposal for the next 30 days. We will consider these
comments before taking final action.
VII. Statutory and Executive Order Reviews
Under the CAA, redesignation of an area to attainment and the
accompanying approval of a maintenance plan under section 107(d)(3)(E)
are actions that affect the status of a geographical area and do not
impose any additional regulatory requirements on sources beyond those
imposed by State law. Redesignation to attainment does not in and of
itself create any new requirements, but rather results in the
applicability of requirements contained in the CAA for areas that have
been redesignated to attainment. Moreover, the Administrator is
required to approve a SIP submission that complies with the provisions
of the Act and applicable Federal regulations. 42 U.S.C. 7410(k); 40
CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to
approve State choices, provided that they meet the criteria of the
Clean Air Act. Accordingly, these actions merely propose to approve a
State plan and redesignation request as meeting Federal requirements
and do not impose additional requirements beyond those by State law.
For these reasons, these proposed actions:
Are not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
Do not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Are certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Do not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Do not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Are not an economically significant regulatory action
based on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Are not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Are not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Do not provide EPA with the discretionary authority to
address disproportionate human health or environmental effects with
practical, appropriate, and legally permissible methods under Executive
Order 12898 (59 FR 7629, February 16, 1994).
In addition, this proposed rule does not have Tribal implications
as specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the State, and EPA notes that it will not impose substantial direct
costs on Tribal governments or preempt Tribal law. Nonetheless, EPA has
discussed the proposed action with the three Tribes, the Fort McDowell
Yavapai Nation, the Salt River-Pima Maricopa Indian Community, and the
Tohono O'odham Nation located within the Phoenix-Mesa 8-hour ozone
nonattainment area.
List of Subjects
40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.
40 CFR Part 81
Environmental protection, Air pollution control, National parks,
Wilderness areas.
Dated: March 14, 2014.
Jared Blumenfeld,
Regional Administrator, Region IX.
[FR Doc. 2014-06661 Filed 3-25-14; 8:45 am]
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